Written Answers Nos. 59-73
59. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality the number of persons who availed of the immigrant investor programme for each of the years 2012 to 2016; the amount invested; the reason the minimum investment has been doubled to €1 million; and if she will make a statement on the matter. [2271/17]
View answerThe Immigrant Investor Programme, which was launched in April 2012, is open to non-EEA nationals who commit to an approved investment in Ireland. The programme is premised on the key requirement that applications are beneficial for Ireland, good for job creation, are in the public interest and that the funds invested are legally acquired and owned by the investor (i.e. not borrowed). It is also essential that applicants be of good character. In return the investor applicant and their immediate family members are granted rights of residence in the State which will allow them to enter the State on multi-entry visas and to remain here for an initial period of 2 years, renewal for a further 3 years, subject to certain criteria being met (i.e. the investment has not been withdrawn, they continue to be law abiding and self sufficient).
All applications under the Immigrant Investor Programme are considered on their merits by an independent Interdepartmental Evaluation Committee who have the requisite skills and experience to evaluate the applications. The membership comprises of officials from the IDA; Enterprise Ireland; Department of Finance; Department of Foreign Affairs & Trade; Department of Jobs Enterprise and Innovation, and the Irish Naturalisation and Immigration Service (which also provides the administrative assistance to the Committee).
I am advised by the Irish Naturalisation and Immigration Service of my Department that a total of 130 applications have been approved, resulting in an Investment of approximately €65 million at €500,000 per investor. A breakdown by year is as follows:
|
Year |
Applications Approved |
|
2012 |
5 |
|
2013 |
14 |
|
2014 |
23 |
|
2015 |
65 |
|
2016 |
23 (see below) |
The Deputy may wish to note that the original level of investment required when the programme was introduced in 2012 was €1 million. This was reduced to €500,000 to stimulate interest in the programme. In total 450 IIP applications have been made since April 2012, with some 273 applications i.e. 40 % being submitted between July and November 2016. This upsurge in applications was considered by the independent Evaluation Committee who recommended the restoration of the minimum investment threshold to its original level. I approved this course of action having brought the matter to the attention of my Cabinet colleagues.
One notable trend associated with the surge in applications under the scheme has been the significant number of the applications received in the area of Primary Health Care Centres, nursing homes and social housing. The evaluation committee considered that investment in these areas needed to be co-ordinated with the major state service providers responsible. In that context, discussions have taken place, and will continue, with officials from the relevant Departments and where necessary other State agencies, to ensure that any possible investment options are appropriately aligned with the strategic priorities of the State's health and social housing strategies. The apparent slowdown in applications approved in 2016 is explained by this need to consult with these stakeholders. A final decision on some 306 applications (all made prior to the increase in the threshold), will be made in coming weeks.
60. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current residency status in the case of a person (details supplied); and if she will make a statement on the matter. [2299/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned currently holds residency and should be aware of his or her position in that regard.
The Deputy may wish to note that queries in relation to the status of individual 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 should 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 determination of residency status in the case of a person (details supplied); and if she will make a statement on the matter. [2301/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that they have no record of a request from the person referred to by the Deputy concerning their residency status. I am also informed that the person in question appears to be currently illegal in the State. If the person referred to by the Deputy wishes the Minister to consider their immigration status, then they should be advised to write to Unit 2, Residence Division, INIS supplying a full copy of their passport and details outlining their current circumstances.
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 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.
62. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure to be followed to obtain a work permit or a suitable visa in the case of a person (details supplied); and if she will make a statement on the matter. [2303/17]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that this person arrived in the State on 31 May 2016 and registered as a student on 4 July 2016. This permission is valid until 4 July 2017.
All non-EEA students resident in the State are subject to the student immigration rules set out clearly on the INIS website, and which were first published in September 2010 and have been in effect since 1 January 2011. These rules stipulate that non-EEA students may remain in Ireland as students, subject to the provisions of the new regime, including demonstrated progression as a student, for a maximum period of seven years. All non-EEA nationals resident in the State on a student permission basis must comply with the above-mentioned immigration rules.
If this person wishes to apply for a work permit, they must leave the State and apply for the work permit from outside the State.
The Deputy may to note 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.
63. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if compassionate consideration will be given in the case of a person (details supplied); and if she will make a statement on the matter. [2304/17]
View answerI 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), the person concerned has not submitted written representations.
The position in the State of the person concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation. If any representations are submitted, they will be considered before a final decision is made.
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.
64. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current residency status in the case of a person (details supplied); and if she will make a statement on the matter. [2306/17]
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 25th May 2011.
Representations were received from the persons' legal representative 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 mean-time, 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.
65. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of an application for family reunification in respect of a person (details supplied); and if she will make a statement on the matter. [2307/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned by the Deputy does not have an application pending with INIS for permission based on being the spouse of an Irish Citizen.
The Deputy may wish to note that there are two routes by which a non EEA national can apply for permission to reside in the State on the basis of marriage with an Irish national. If the person concerned is a non-visa required national who has entered the State legally within the last 90 days or if they are a visa required national and within the period of permission to remain granted to them on arrival in the State (except short stay ‘c’ visas), or if they have current permission to remain in the State on an alternative basis, both the person concerned and their Irish national spouse should attend at their local Garda National Immigration Bureau Registration Office/Immigration Registration Office with the following documentation as appropriate:
- Their original marriage certificate
- Original passport
- Irish spouse’s/civil partner’s original passport
- Evidence of joint address
If residing outside Dublin City or county, the person concerned must register at their local Garda National Immigration Bureau Registration Office.
If residing in the Dublin Region, the person must register at the Immigration Registration Office, 13-14 Burgh Quay, Dublin 2. Attendance is by appointment only. To make an appointment, go to http://burghquayregistrationoffice.inis.gov.ie.
If the person concerned does not have current permission to remain in the State, they will be required to complete the application form “Application for Residence Permission for Spouse/Civil Partner of an Irish National” which is available for download from the INIS website and return via registered post with documentation listed to the following address:
Spouse of Irish National Unit
Residence Division
Irish Naturalisation and Immigration Service PO Box 12695 Dublin 2.
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 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.
66. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of an application for family reunification in the case of a person (details supplied); and if she will make a statement on the matter. [2309/17]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person in question made an application for Family Reunification in respect of his mother in December 2016. The application is currently being processed. Cases are dealt with in strict chronological order by the Family Reunification section to ensure fairness to all applicants.
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 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.
67. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality when a necessary visa will be approved in the case of a person (details supplied); and if she will make a statement on the matter. [2311/17]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned submitted a De Facto Partner Permission application in August 2016. The application is currently under consideration and INIS will be in contact with the applicant in due course.
The Deputy may wish to note that 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 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 email service except in cases where the response from INIS is, in the Deputy's view inadequate or too long awaited.
68. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of an application for family reunification in the case of a person (details supplied); and if she will make a statement on the matter. [2312/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that this matter was previously the subject of a query from the Deputy when a letter issued on 24th March 2014 from the Family Reunification Section of the Irish Naturalisation and Immigration Service advising that the person concerned had not submitted an application for Family Reunification. There is no record of an application for family reunification having been subsequently made in respect of the person referred to by the Deputy. It is open to the person concerned to submit an application, in writing, to the Family Reunification Unit, INIS, Department of Justice and Equality, 13-14 Burgh Quay, Dublin 2. It should be noted however that any family reunification applications received are now subject to the provisions of the International Protection Act 2015, which came into effect on 30 December 2016.
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.
69. Deputy Brendan Griffin asked the Tánaiste and Minister for Justice and Equality the additional measures that have been taken in the past three years to combat the threat of terror attacks from radical elements here; if the matter is being given serious and continued consideration; and if she will make a statement on the matter. [2334/17]
View answerAs an open and democratic society in the European Union, Ireland cannot consider itself immune from the current international terrorist threat. The assessment of the threat is that while an attack on Ireland is possible, it is not considered likely. Nor is there at present any specific information that an attack on Ireland is planned. The level of threat from this source is kept under constant review by An Garda Síochána, particularly in the light of ongoing developments and the current international situation. The Deputy will understand, of course, that the detail of such security measures should not be disclosed publicly. What I can say is that the Garda Authorities will continue to take all necessary security measures proportionate to the level of terrorist threat and all the relevant agencies here co-operate closely in respect of any threats identified. An Garda Síochána has developed considerable operational capacities in countering terrorism and in responding to critical incidents. There is, in particular, a highly-trained and well-equipped special intervention capability in the Emergency Response Unit that is supported by the regional Armed Support Units and the range of other resources across the Garda organisation. In addition, the considerable skills and resources of the Defence Forces are also available in support where needed.
There is a number of persons here whose activities in support of extremism give rise to concern and they will continue to be monitored closely by the Garda authorities and all appropriate measures will be taken in this regard.
The Garda Authorities will continue to work closely with their EU and other international security and intelligence counterparts in responding to the shared threat of international terrorism. The gathering and sharing of relevant information is an important aspect of this international co-operation. The Government is committed to providing An Garda Síochána with the necessary resources to enhance their connectivity to a range of EU and other international resources and significant work is ongoing in this regard. This includes connecting to the Schengen Information System and, indeed, to other EU and Interpol information-sharing resources relevant to countering the terrorist threat.
A series of measures is currently being rolled at EU-level out to build on the current EU framework for information-sharing, combating terrorism and controlling illegal firearms, and Ireland is fully engaged in pursuing these developments.
I should emphasise for the Deputy that the main security threat in the State is from republican paramilitary groups who reject the Good Friday Agreement and they continue to be a priority counter-terrorism focus for An Garda Síochána. The Garda authorities will continue to target those involved and to work closely with their counterparts in Northern Ireland in combating these groups. The Gardaí and the PSNI deserve praise for their ongoing work in this regard.
70. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Justice and Equality her plans to extend rights to citizenship to the spouses of Irish citizens resident in the United Kingdom in view of the impending effects of Brexit on these families; and if she will make a statement on the matter. [2360/17]
View answerThere are no plans at this stage to amend the current laws relating to Citizenship arising from the UK decision to leave the EU, and which of course contain special provisions in relation to persons born in Northern Ireland.
The entitlement to Irish citizenship, as well as the conditions pertaining to a grant of citizenship through naturalisation, are governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. It is open to any individual to lodge an application for citizenship through naturalisation, if and when they are in a position to meet the statutory conditions as prescribed in the Act. The statutory conditions are that the applicant must -
- be of full age,
- be of good character,
- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a further total residence in the State amounting to four years,
- intend in good faith to continue to reside in the State after naturalisation,
- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—
(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
Under Irish law it is possible for an Irish citizen to hold dual citizenship; the acquisition of Irish citizenship is not contingent on the renunciation of the citizenship of another jurisdiction. Detailed information on Irish citizenship and naturalisation, as well as the relevant application forms, is available on the INIS website at www.inis.gov.ie.
The spouse of an Irish citizen - whether resident in another EU or EEA Member State, or in a third country, is not prevented from residing with their Irish spouse should they wish to return to Ireland. It would not be in the interests of public policy, however, to introduce a provision in the law that would automatically bestow citizenship on a person simply because he or she is married to an Irish citizen.
71. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Justice and Equality when the review of the legislation governing the transfer of sentenced prisoners from abroad was initially instigated; when it is expected to be concluded; the reason for the delay with the review; the number of applications for transfer from prisons abroad to prisons here held up, pending this review; and if she will make a statement on the matter. [2366/17]
View answerI refer the Deputy to my reply to Question No. 60 of 10 November, 2016 which I have reiterated below for convenience.
This review is ongoing since the judgement in July, 2016 and as I have stated below it is not possible to indicate a time frame for its conclusion. The Irish Prison Service have informed me that there are currently 31 active cases on hold in relation to the transfer of sentenced persons, of which four cases relate to indeterminate sentences in the UK for public protection.
Reply of 10 November 2016
The Deputy will be aware that on 12 July, 2016, the Supreme Court dismissed the State's appeal in the case known as 'O'Farrell, McDonald, Rafferty -v- The Governor of Portlaoise Prison'. The case concerns an appeal taken by the State against a judgement of the High Court ordering the release of the three named prisoners who had been transferred to Ireland from the UK where they had been sentenced, under the provisions of the Transfer of Sentenced Prisoners Acts, 1995 -1997.
The judgement is detailed and has implications for the continuance in its present form of the process operated by the Irish Prison Service for transferring prisoners from other States to Ireland, and vice versa. The practical effect of this judgement and whether it will necessitate legislative and/or administrative changes is being examined by officials of the Irish Prison Service and my Department in consultation with Attorney General. Pending legal clarity on these issues, applications by prisoners abroad for transfer to Ireland cannot be processed to a conclusion at present. I am advised by the Irish Prison Service that all applicants and officials in the appropriate sentencing states are being informed of this position. Given the complex nature of the review being undertaken, it is not possible at this stage to indicate a time frame for its conclusion.
72. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality when a decision will be taken on a European Union treaty rights visa application for the spouse of a person (details supplied). [2456/17]
View answerI am advised by the Irish Naturalisation and Immigration Service of my Department (INIS) that the visa application referred to is currently the subject of legal proceedings before the courts. The Deputy will appreciate therefore that I am limited in what I can say on the matter.
There are very large number of applications waiting to be processed at present which gives rise to the possible need for the Visa Office to investigate, enquire into, or seek further information in relation to many applications. All of this impacts on the timescale for processing.
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. In addition, applicants may themselves e-mail queries directly to visamail@justice.ie.
73. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality the progress that has been made to date to establish a firearms licensing authority following her announcement on this matter in Dáil Éireann in September 2015; and if she will make a statement on the matter. [2510/17]
View answerAs the Deputy is aware, the Tánaiste announced her intention to make fundamental long term reforms of firearms licensing by establishing a new Firearms Assessment and Appeals Authority. The primary function of the Authority will be to determine, on the basis of an objective assessment of all the issues, with safety of the public being paramount, whether particular forms of firearms may be licensed in the State, whether there should be any limit on the number of such firearms and what safety conditions might properly be applied to their licensing. The functions of the Authority will be subject to further consultation in advance of the preparation of the necessary enabling legislation, which will be subject to pre-legislative scrutiny by the Joint Oireachtas Committee.
A range of submissions have been received from interested bodies in relation to the shape of the proposed authority. I am in consultation with the Garda Commissioner in relation to those proposals. When that consultation has concluded proposals for changes to the firearms licensing regime will be the subject of consultation with stakeholders to ensure a robust system for access to firearms where public safety is paramount.
