Written Answers Nos. 41-50
41. Deputy James Browne asked the Tánaiste and Minister for Justice and Equality her plans to provide support services such as mental health supports for members of An Garda Síochána to ensure their well-being; and if she will make a statement on the matter. [12312/16]
View answerThe Garda Commissioner is committed to providing a positive and supportive working environment for all Garda personnel. To support this An Garda Síochána provides a Garda Employment Assistance Service. This is a confidential and professional service which provides supports for the welfare and health, including mental health, of personnel and their families. In addition there is a peer supporter network in place made up of in the region of 840 peer supporters who are Garda colleagues appropriately trained to help members following a traumatic incident in the work place.
I understand from the Garda Commissioner that plans are well advanced for the establishment of an independent 24-7 counselling service for all personnel. The counselling will include a telephone and referral service which will allow for a number of face-to-face counselling sessions for each person. The service will provide counselling on a wide range of work and personal related issues including, but not limited to, critical incidents, trauma, financial, relationship, addiction, bereavement, stress, conflict and health issues.
42. Deputy Seán Haughey asked the Tánaiste and Minister for Justice and Equality her plans to promote and enact the Criminal Law (Sexual Offences) Bill 2015; and if she will make a statement on the matter. [12322/16]
View answerOn 23 September 2015, I published the Criminal Law (Sexual Offences) Bill 2015, as approved by Government. The Bill includes wide ranging provisions to enhance the protection of children from sexual abuse and exploitation including through more effective targeting of acts of child sexual grooming. When enacted, the Bill will facilitate full compliance with the criminal law provisions of a number of international legal instruments and implement the recommendations of a number of Oireachtas committees. The Bill also provides for new offences of purchasing sexual services, in the context of prostitution. The purpose of these offences is to target the demand for prostitution.
The Bill completed all stages in Seanad Éireann in January 2016. Subject to approval by a motion of Dáil Éireann, I expect this Bill to be returned to the Dáil Order Paper. Enactment of this important piece of legislation is a priority for the Government.
43. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will defer a decision to deport a person (details supplied) until a review can be undertaken which might address a number of conclusions arrived at in determining the person's eligibility for refugee status given considerable doubts with regard to the basis of the decision to refuse refugee status; and if she will make a statement on the matter. [12342/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 10th July, 2008, following the refusal of the asylum claim made by the person concerned and the detailed consideration of their case under Section 3 of the Immigration Act 1999 (as amended). That Order remains valid and in place.
Representations were received from the person concerned, in June, 2015, requesting that the Deportation Order be revoked, pursuant to the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). Following the consideration of that request, a decision was taken in May, 2016 that the Deportation Order should be 'affirmed' and this decision was communicated to the person concerned by registered post dated 9th May, 2016. On foot of that decision, the person concerned was required to 'present' at the Offices of the Garda National Immigration Bureau on 12th May, 2016 to make arrangements for their deportation from the State. The person concerned failed to 'present' on that occasion and is therefore recorded as a person who is evading deportation.
The effect of a Deportation Order is that the person named on the Order is legally obliged to leave the State and to remain outside the State thereafter. The enforcement of the Deportation Order in this case is an operational matter for the Garda National Immigration Bureau.
Given that the asylum claim made by the person concerned was refused in May, 2007, I see no basis for having that claim re-visited at this time, some nine years on.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
44. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current or expected residency status of a person (details supplied); and if she will make a statement on the matter. [12343/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has been granted Leave to Remain in the State for a one year period to 23rd May, 2017. This decision was conveyed in writing to the person concerned by letter dated 24th May, 2016.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
45. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of determining the eligibility for naturalisation of a person (details supplied) who has Stamp 4 status; and if she will make a statement on the matter. [12345/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of an application for a certificate of naturalisation from the person referred to by the Deputy is ongoing with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence are satisfied.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
46. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if, and when, she will approve a change in the residency status of a person (details supplied); and if she will make a statement on the matter. [12353/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, as the person in question arrived in the State in 2007 and was registered as a student here up to 26 November 2014, they are now deemed to be a timed out Student. Ireland has offered a generous immigration regime to foreign students, not only in allowing them to work to support themselves in their studies but also in providing ample opportunity for them to obtain academic qualifications that will equip them for their future, whether that is in Ireland or on return to their home country. It is up to each student to make the best use of that opportunity. If their academic achievement is high, Ireland offers opportunities to students to stay on as graduates, researchers, or high skilled employees. In other words, student permission gives the person concerned a chance to qualify for an enhanced immigration status on the basis of their academic achievement. However, student permission is of a temporary and limited nature that is not reckonable for naturalisation purposes and that generally does not allow for family reunification. Merely spending time in Ireland as a student does not confer entitlement or expectation to remain.
I wish to draw the Deputy's attention to the document 'Guidelines for non EEA national students registered in Ireland before 1 January, 2011'. This notice clarifies the position in relation to non EEA students registered here. The overall seven year period, which the person in question has now exhausted, provides students with ample opportunity to achieve the sort of qualifications they need to qualify them for an employment permit if they wish to remain in Ireland afterwards.
I wish to advise the Deputy that correspondence issued to the person in question on 24 May 2016.
Queries in relation to general immigration matters may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for his purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
47. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure a person (details supplied) must follow in upgrading to stamp 4 preparatory to applying for naturalisation; and if she will make a statement on the matter. [12355/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that Long Term Residency is granted on the basis that a non EEA national has completed a minimum of five years' (i.e. 60 months) legal residence in the State on work permit conditions which is reflected in the corresponding Stamp 1 or Stamp 4 endorsements on a person's passport and not by the dates of commencement and expiry of each work permit or equivalent document as some applicants assume.
The person in question made an application for Long Term Residence by letter dated 22/12/2014. A decision was made on this application on 28/01/2015 and a letter issued to the person outlining the reasons for the refusal of the application. It is open to the person concerned to submit a new application for Long Term Residency once they obtain the minimum 60 month reckonable residency under the required conditions of the Long Term Residency Scheme.
The Deputy will be aware that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of Parliamentary Question process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
48. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure a person (details supplied) must follow in upgrading to stamp 4 preparatory to applying for naturalisation; and if she will make a statement on the matter. [12356/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person in question is advised to call to their local immigration officer to request a change of their current immigration stamp. On 27 October 2009, INIS set out detailed arrangements which would apply in cases of persons who had worked for 5 years or more with work permits. This policy document is available on our website: www.inis.gov.ie.
It should be noted that under this policy a person may be refused registration on Stamp 4 due to gaps in their immigration history, or due to the fact that they are no longer economically active. The person may then write to INIS, Residence Division, Unit 2, to have the details of their case reviewed. Each case will be assessed on its own merits. Cases will be considered under this arrangement only where the total period of gaps in their immigration permission do not exceed 12 months. It is possible that the person concerned also qualifies for Long Term Residency. Details of this scheme are also available on the INIS website.
Queries in relation to general immigration matters may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for his purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
49. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality to review a decision to deport a person (details supplied); and if she will make a statement on the matter. [12357/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 16th November, 2012. That Order remains valid and in place. As a person subject of a Deportation Order, the person concerned is legally obliged to remove themselves from the State and to remain out of the State.
The Deputy might wish to note that in the event that a person's circumstances have changed in a very material way since the decision to make a Deportation Order was made, it would be open to such a person to make a request, pursuant to the provisions of Section 3(11) of the Immigration Act 1999 (as amended), that I exercise my discretion to revoke the Deportation Order. However, it must be borne in mind that any such request, to have any chance of success, must be founded on information or documentation which was not presented, nor was capable of being presented, before the decision to deport was made.
The enforcement of the Deportation Order remains an operational matter for the Garda National Immigration Bureau.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
50. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of determining the eligibility for naturalisation of a person (details supplied); and if she will make a statement on the matter. [12359/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of an application for a certificate of naturalisation from the person referred to by the Deputy is ongoing with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence are satisfied.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
