Written Answers Nos. 51-63
51. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality if she has been copied on correspondence to the Garda Commissioner from a person (details supplied); and if action is being taken on the issues raised. [31218/16]
View answerI can confirm that I have received a copy of the correspondence referred to by the Deputy. I can also confirm that I have received previous correspondence from the person concerned. My Department has been examining all the correspondence to see what actions should be considered. The Garda Commissioner has been asked to provide a report on all the issues raised in the correspondence received from the person.
It is important to emphasise that, as Minister for Justice and Equality, I do not have a direct role in relation to some of the issues that are raised in this complex case. For instance, I am precluded from interfering in Garda operational matters or criminal investigations by An Garda Síochána or investigations by GSOC. Furthermore, I am sure that the Deputy will appreciate that the DPP is the independent prosecution authority in the State and I have no authority in relation to those decisions.
Insofar as the latest correspondence refers to allegations of ongoing malpractice by members of the Garda Síochána, I would say that it is of course open to any person who has a concern about the behaviour of members of the Garda Síochána to make a complaint to the Garda Síochána Ombudsman Commission (GSOC) which is the independent body established by law, with extensive powers, to investigate any allegations of Garda wrongdoing.
While I am still awaiting a substantive report from the Garda Commissioner, preliminary observations provided by the Garda Síochána indicate that they are maintaining direct personal contact with the person concerned, that the correspondence has been notified to GSOC and that the person concerned has made a number of other complaints to the Garda Síochána which remain under investigation.
I hope to be in a position to respond soon to the individual concerned. I will also respond to representations that the Deputy has previously made in relation to this case.
52. Deputy Jan O'Sullivan asked the Tánaiste and Minister for Justice and Equality the progress made on implementing the recommendations of the group set up to examine changes needed in the direct provision system for asylum seekers; and if she will make a statement on the matter. [31225/16]
View answerSince its publication in June, 2015 the Report of the Working Group on Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers, has been under proactive consideration; in the first instance by the Cabinet Committee on Social Policy and Public Service Reform and thereafter on an ongoing basis in my Department and other relevant Government Departments and Agencies. The Report contains a total of 173 recommendations, many of which have implications for a number of Government Departments and services. In the most recent review of progress in June, 91 recommendations were found to have been implemented; a further 49 recommendations were found to have been partially implemented or were in progress; and the balance remained under consideration. This represents significant progress in taking forward the Working Group recommendations, with 80% now implemented, partially implemented or in progress. I have committed to advancing the remaining 20%, taking into account the necessary resources that some of these will require. It should also be noted that a small number of the recommendations have been superseded by Government initiatives in the interim since the publication of the Report. The most recent status update is available on my Department's website and on the website of the Irish Naturalisation and Immigration Service.
A key recommendation of the Working Group was the introduction of a single application procedure in the protection process. The International Protection Act 2015 provides for such a procedure. My Department is currently preparing all of the steps necessary to commence the Act. The Act responds to some 26 of the Working Group’s recommendations and can be expected to positively address the crucial issue of the length of time that applicants spend in the protection process and in the Direct Provision system; another key concern of the Working Group.
In addition, significant efforts have been made to deal with those who are longest in the system and at this stage the vast majority of those who are over 5 years in the system and who don’t have any impediments to progress, such as pending judicial challenges, have now had their cases processed to completion. This has been a key achievement that has had a real impact on many people and families in the protection process.
A transition Task Force was also established last year which put in place important supports to facilitate people with status to integrate into the community. The Task Force reported that 87% of people granted status had moved into the wider community within six months.
Tangible progress in improving the daily lives of asylum seekers living in Ireland while their application is being processed is also being made. In January last, the former Tánaiste and I announced an increase to the Direct Provision Allowance for children, the first such increase since the introduction of the payment some sixteen years ago. Prescription fees for Direct Provision residents, including children, have also been waived. I have also committed to extending the remit of the Offices of the Ombudsman and the Ombudsman for Children to include access for residents in Direct Provision centres. This requires amending legislation which will be processed as soon as possible. The Minister for Education and Skills has also announced a second year of their pilot support scheme for students in the protection system for the academic year 2016/2017.
53. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if transfer of status from stamp 2 to stamp 4 can be effected in the case of a person (details supplied); and if she will make a statement on the matter. [31381/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy entered the State on 02/10/2011 and registered on 18/11/2011 under Stamp 2 student conditions. This person most recently had permission to be in the State as a student until 31/10/2016 under Stamp 2 conditions.
The person concerned does not have an application pending with INIS.
However, all non-EEA students resident in the State are subject to the student immigration rules set out under the "new immigration regime for full time non-EEA students" which was published in September 2010 and has been in effect since 1 January 2011. These rules stipulate that non-EEA nationals may reside in Ireland as students, subject to the provisions of the new regime, for a maximum period of seven years. The person referred to by the Deputy arrived in the State and registered in 2011 as a student and as such can remain in the State for an accumulative period of seven years as a student. As such they do not qualify for a Stamp 4 status. As their permission has expired they can either enrol in a further course of studies, get a work permit based employment or leave the State.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to the INIS 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.
54. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if transfer of status from stamp 2 to stamp 4 can be effected in the case of a person (details supplied); and if she will make a statement on the matter. [31382/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy entered the State on 05/08/2012 and registered as a student on 27/08/2012 where they were granted Stamp 2 student conditions. This person most recently had permission to be in the State until 04/10/2016 under Stamp 2 student conditions.
The person concerned does not have an application pending with INIS.
However, all non-EEA students resident in the State are subject to the student immigration rules set out under the "new immigration regime for full time non-EEA students" which was published in September 2010 and has been in effect since 1 January 2011. These rules stipulate that non-EEA nationals may reside in Ireland as students, subject to the provisions of the new regime, for a maximum period of seven years. The person referred to by the Deputy arrived in the State and registered in 2012 as a student and as such can remain for an accumulative period of seven years here as a student. As such they do not qualify for a Stamp 4 status. As their permission has expired they can either enrol in a further course of studies, get a work permit based employment or leave the State.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to the INIS 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.
55. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if transfer of status from stamp 2 to stamp 4 can be effected in the case of a person (details supplied); if eligibility for naturalisation exists; and if she will make a statement on the matter. [31383/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy entered the State on 25th January 2015 and was registered as a student on Stamp 2 conditions on 7th April 2015. Their most recent permission to remain in the State expired on 31st January 2016.
The person concerned wrote to INIS in 24 June 2016 seeking to regularise their permission to remain in the State. They were informed by letter of 6th July 2016 that as they have not completed the maximum time permitted for student conditions in the State, they are entitled to apply for further permission to remain in the State as a student until they have reached the maximum period allowable which is seven years.
All non-EEA students resident in the State are subject to the student immigration rules set out under the "new immigration regime for full time non-EEA students" which was published in September 2010 and has been in effect since 1 January 2011. These rules stipulate that non-EEA nationals may reside in Ireland as students, subject to the provisions of the new regime, for a maximum period of seven years. The person referred to by the Deputy arrived in the State and registered in 2015, and they will have accumulated 7 years in January 2022.
Those persons who are on the student pathway do not qualify for Stamp 4 permission to remain in the State. As such, when the permission enjoyed by the person concerned expires, then they will have to leave the State. It should be noted that Stamp 2 permission is not currently considered to be reckonable in respect of naturalisation or citizenship.
Queries in relation to the status of individual immigration cases may be made directly to the INIS 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.
56. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if and when family reunification will be approved in the case of a person (details supplied); and if she will make a statement on the matter. [31384/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for family reunification in respect of person referred to was received in November 2015. The application is currently being processed. All applications received are dealt with in chronological order by the Family Reunification section.
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.
57. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [31385/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy entered the State on 20/08/2012 and was registered as a Student in the State on 01/10/2012 under Stamp 2 student conditions. This permission expired on 30/09/2016, and the person concerned does not currently have any permission to remain in the State.
The person concerned does not have an application pending with INIS. However, all non-EEA students resident in the State are subject to the student immigration rules set out under the "new immigration regime for full time non-EEA students" which was published in September 2010 and has been in effect since 1 January 2011. These rules stipulate that non-EEA nationals may reside in Ireland as students, subject to the provisions of the new regime, for a maximum period of seven years. The person referred to by the Deputy arrived in the State and registered in 2012. This person will have accumulated 7 years in October 2019 and, as such, it is open to them to make an application for further permission to remain in the State as a student.
Queries in relation to the status of individual immigration cases may be made directly to the INIS 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.
58. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current and expected residency status and eligibility for long-term residency in the case of a person (details supplied); and if she will make a statement on the matter. [31386/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy entered the State on 21/02/2013 and was registered as a Student in the State on 26/03/2013 under Stamp 2 conditions. This permission expired on 20/01/2016, and the person concerned does not currently have any permission to remain in the State.
The person concerned does not have an application pending with INIS either. However, all non-EEA students resident in the State are subject to the student immigration rules set out under the "new immigration regime for full time non-EEA students" which was published in September 2010 and has been in effect since 1 January 2011. These rules stipulate that non-EEA nationals may reside in Ireland as students, subject to the provisions of the new regime, for a maximum period of seven years. The person referred to by the Deputy arrived in the State and registered in 2013. This person will have accumulated 7 years in March 2020 and, as such, it is open to them to make an application for further permission to remain in the State as a student.
Queries in relation to the status of individual immigration cases may be made directly to the INIS 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.
59. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if residency status from stamp 2 to stamp 4 will be approved in the case of a person (details supplied); and if she will make a statement on the matter. [31387/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons referred to by the Deputy entered the State in 2011 and 2012 respectively and were registered as students under Stamp 2 conditions. The first mentioned person's student permission expired on 30/09/2016, while the second mentioned person currently has permission to be in the State on student conditions until 10/02/2017.
The persons concerned do not have a current application pending with INIS. An application for permission based on being the parent of a child born in the State was deemed ineligible in 2015.
All non-EEA students resident in the State are subject to the student immigration rules set out under the "new immigration regime for full time non-EEA students" which was published in September 2010 and has been in effect since 1 January 2011. These rules stipulate that non-EEA nationals may reside in Ireland as students, subject to the provisions of the new regime, for a maximum period of seven years. This option is available to the persons mentioned. The overall 7 year period offered to students gives ample opportunity to achieve the sort of qualifications they need to qualify them for an employment permit if they wish to remain on in Ireland afterwards. 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 persons concerned a chance to qualify for an enhanced immigration status on the basis of their academic achievement. Merely spending time in Ireland as a student does not confer entitlement or expectation to remain. As such they do not qualify for a Stamp 4 status.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to the INIS 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.
60. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of eligibility for stamp 4 and naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [31388/16]
View answerI 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 made on 23 December 2013 and therefore has no entitlement to residency in the State.
Representations were received from the person concerned pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the meantime, the Deportation Order remains valid and in place.
The Deputy may wish to note that 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.
61. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the examination and determination of eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [31389/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application for a certificate of naturalisation from the person referred to by the Deputy, who currently has permission to reside in the State until 17 April 2018.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. The website also contains an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met.
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 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 INIS is, in the Deputy’s view, inadequate or too long awaited.
62. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure to be followed to regularise residency in the case of a person (details supplied); and if she will make a statement on the matter. [31390/16]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of the person concerned having entered or remained in the State.
It is noted that the person concerned has not made contact with INIS' Residence Division in respect of their position in the State, and there are no applications pending with INIS.
The person concerned appears, therefore, never to have had permission to remain in the State and they should be aware that it is illegal for them, under the Immigration Act 2004, to remain in the State without permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable, under section 13 of the Immigration Act 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. In addition, it is apparent that the person concerned has failed to meet the requirements of Section 9 of the Immigration Act 2004, which sets out the obligations of non-nationals in respect of registration. Against this background, the person concerned should attend their local Garda National Immigration Bureau Office as soon as possible.
If the person concerned leaves the State voluntarily, and is visa required, then it would be open to them to apply from outside the State for an appropriate visa to re-enter the State. At that point, any family circumstances would be taken into account along with any other reasons why the person in question believes that they should be granted permission to reside in Ireland.
If there are any relevant exceptional circumstances which would justify granting the person concerned permission to remain in the State, they will be taken into account if the person concerned is issued with an intention to deport letter under Section 3 of the Immigration Act 1999 (as amended).
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 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 INIS is, in the Deputy's view, inadequate or too long awaited.
63. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the most appropriate option to be followed to achieve leave to remain or alternative status in the case of a person (details supplied); and if she will make a statement on the matter. [31391/16]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy entered the State on 14 September 2009 and was registered as a Student in the State on 22 October 2009 under Stamp 2 student conditions. This person had permission to be in the State on Student conditions until 14 May 2016.
The person concerned does not have an application pending with INIS. However, all non-EEA students resident in the State are subject to the student immigration rules set out under the "new immigration regime for full time non-EEA students" which was published in September 2010 and has been in effect since 1 January 2011. These rules stipulate that non-EEA nationals may reside in Ireland as students, subject to the provisions of the new regime, for a maximum period of seven years. The person referred to by the Deputy arrived in the State and registered in 2009. This person accumulated 7 years in October 2016. As such they do not qualify for a Stamp 4 status. As this person's permission expired on 14 May 2016, if they have not already done so, they are now required to leave the State.
If this person leaves, or, has already left the State voluntarily, then it would then be open to them to apply for a D reside visa from outside the State. At that point, any family circumstances would be taken into account along with any other reasons why they believe they should be granted permission to reside in Ireland. If this person were unsuccessful in the application for a D reside visa it would not affect their entitlement to apply for a visa in the future to re-enter this State nor should it affect entry into any other State.
If there are any relevant exceptional circumstances which would justify granting this person permission to remain in the State, they will be taken into account if the Minister issues them with an intention to deport letter under Section 3 of the Immigration Act 1999 (as amended). If the Minister issues such a letter to this person, and if she decides to make a deportation order against them, please note that an Irish deportation order would have the effect of barring this person from the State unless the order is subsequently revoked by the Minister. Such an order may also prevent this person from applying to reside in any of the other European Union Member States.
Please be informed that it is illegal under the Immigration Act 2004 to reside in the State without permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable, under section 13 of the Immigration Act 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. As this person does not have current immigration permission they are not entitled to work.
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.
