John McGuinness
Question:49. Deputy John McGuinness asked the Tánaiste and Minister for Justice and Equality the course of action that can be taken by a person (details supplied) to regularise the person's stay here. [21845/16]
View answerImmigration Status
Questions (49)
Written answers
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application having been received for an extension of permission in respect of the person mentioned by the Deputy.
In the event that an application is made for an extension of permission to remain in the State, it may be considered under humanitarian reasons.
Details of how to make an application can be found on the INIS website "www.inis.gov.ie" at Extension of Visitors Permission in the State.
Queries in relation to the status of individual immigration cases may be made directly to INIS by email 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 Questions process. The Deputy should consider using the email service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
Residency Permits
Questions (50)
Bernard Durkan
Question:50. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of residency status in the case a person (details supplied); and if she will make a statement on the matter. [21852/16]
View answerWritten answers
If the person whose details were supplied has made an application for asylum or subsidiary protection in the State, the Deputy will be aware that it is not the practice to comment on such applications until they have fully completed the protection process. This is in accordance with Section 19(1) of the Refugee Act, 1996 (as amended) which provides for the protection of the identity of protection applicants.
With regard to residency status, the Deputy is reminded that protection applicants are issued with a temporary residence permission pending a final decision on their application. In the event that an applicant is finally determined not to be in need of protection, consideration is then given to whether the person should be granted leave to remain in the State on humanitarian grounds.
Residency Permits
Questions (51)
Bernard Durkan
Question:51. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if and when extended residency or eligibility for naturalisation status will be approved in the case of a person (details supplied); and if she will make a statement on the matter. [21853/16]
View answerWritten answers
I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a deportation order signed on 17th May 2012 and therefore has no entitlement to residency in the State. The person had previously applied for asylum and subsidiary protection, both of which have been refused. Representations were received from the person concerned pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), on 4th March 2016 requesting that the deportation order be revoked. A decision has not been made to date on this request. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing deportation order. In the mean-time, the deportation order remains valid and in place.
The person concerned instituted High Court proceedings in 2012 seeking various Orders in respect of the decisions respectively to refuse to make a declaration of Refugee status, to refuse subsidiary protection and to make a deportation order. As the matter is sub judice, I am precluded from further commenting on the matter.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by Email 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 to long awaited.
Residency Permits
Questions (52)
Bernard Durkan
Question:52. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the requirements to regularise her residency in the case of a person (details supplied); and if she will make a statement on the matter. [21854/16]
View answerWritten answers
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application having been received for residency in the State arising from marriage in respect of the person mentioned by the Deputy.
In the event that the person mentioned is married to an Irish citizen, it is open to the person concerned to make a written application to the Spouse of Irish National Unit, Residence Division, INIS, PO Box 12695, Dublin 2 seeking residency in the State arising from her marriage to an Irish national. Details of how to make the application and, the relevant application form, can be found on the INIS website www.inis.gov.ie under 'Spouse of an Irish National'.
Queries in relation to the status of individual immigration cases may be made directly to INIS by email 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 Questions process. The Deputy should consider using the email service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
Naturalisation Applications
Questions (53)
Bernard Durkan
Question:53. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality her current and/or expected position in regard to the determination of eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [21855/16]
View answerWritten answers
I refer the Deputy to the reply to his Parliamentary Question No: 58 of Thursday 30th June 2016 in relation to the person concerned. The position remains as stated.
Reply to Parliamentary Question No: 58 of Thursday, 30th June, 2016.
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has made an application for a certificate of naturalisation. The processing of the application is ongoing with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence are satisfied. The records show that the person's permission to reside expired on 6 March 2016. All non-EEA nationals are required to keep their permission to remain in the State up to date at all times and failure to do so may adversely affect an application for a certificate of naturalisation.
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.
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.
Residency Permits
Questions (54)
Bernard Durkan
Question:54. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if stamp 4 will issue in the case of a person (details supplied). [21856/16]
View answerWritten answers
I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person in question arrived in the State on 8 February 2015, on visitors' permission and has remained in the State illegally since the expiration of that permission.
I understand that on 17 December 2015, the person applied for permission to remain as a dependant of their siblings: one has Stamp 4 and the other is an Irish citizen. This application was refused on 24 May 2016 as the person in question is 39 years old and has not submitted sufficient documentation to show that they meet the criterion as a qualifying family member under Section 13.3 of the Policy Document on Non EEA Family Reunification (2013), where it is stated that 'a person over 18 years of age would be permitted to apply where he/she is dependent on the care of the parent sponsor, directly or indirectly, due to a serious medical or psychological problem which makes independent life in the home country impossible.' Furthermore, satisfactory documentary evidence of dependency (both financial and social) as defined under the same policy document, was not provided with this application.
It should be noted that the surgery required in this case was not of an emergency nature and is available in this person's country of origin.
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.
Residency Permits
Questions (55)
Bernard Durkan
Question:55. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current position in regard to the determination of residency status in the case of a person (details supplied); and if she will make a statement on the matter. [21860/16]
View answerWritten answers
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that no record exists of any application in respect of the child referred to by the Deputy.
The Citizenship Division of INIS informs me that the child in question is not currently entitled to Irish citizenship and this is confirmed in recent legal advices on the matter generally. An application for citizenship through naturalisation can of course be submitted when the conditions for naturalisation are met. Detailed information on citizenship and naturalisation is contained on the INIS website - www.inis.gov.ie.
It may also be open to the parent referred to by the Deputy to apply for family reunification on behalf of the child. Information in this regard is also available on the INIS website.
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 might 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.
Residency Permits
Questions (56)
Bernard Durkan
Question:56. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality to review the residency options in the case of a person (details supplied); and if she will make a statement on the matter. [21861/16]
View answerWritten answers
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order and therefore has no entitlement to residency in the State.
Representations were received asking that her Deportation Order be revoked, in accordance with the provisions of Section 3 (11) of the Immigration Act, 1999 (as amended). Following consideration of the information submitted, the Deportation Order was affirmed.
The person concerned has been evading deportation since 21st February, 2012 and, as such, is liable to arrest and detention for the purposes of having the Deportation Order enforced. The person concerned should therefore either comply with the deportation order and leave the State or failing that, 'present' to the Garda National Immigration Bureau without further delay. The enforcement of the deportation order is 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 by Email 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 to long awaited.
Residency Permits
Questions (57)
Bernard Durkan
Question:57. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of regularisation of residency in the case of a person (details supplied); and if she will make a statement on the matter. [21862/16]
View answerWritten answers
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, in advance of a final decision being made.
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.