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Thursday, 18 Oct 2018

Written Answers Nos. 157-166

Residency Permits

Questions (157)

Bernard Durkan

Question:

157. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and or expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [43021/18]

View answer

Written 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 all other applicable legislation, 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.

Residency Permits

Questions (158)

Bernard Durkan

Question:

158. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and or expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [43023/18]

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Written answers

As the Deputy is aware, if an application for asylum or subsidiary protection has been made in the State, for confidentiality reasons it is not the practice to comment on such applications and the applicant or their legal representative should contact either the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate.

The IPO may be contacted either by email to info@ipo.gov.ie, by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2. The International Protection Appeals Tribunal may be contacted either by email to info@protectionappeals.ie, by telephone at 01-4748400 (or Lo-Call 1890 201 458), or in writing to Corporate Services Division, The International Protection Appeals Tribunal, 6-7 Hanover Street East, Dublin D02 W320.

Following the commencement of the International Protection Act 2015 on 31 December 2016, new arrangements for the investigation and determination of applications for international protection (refugee status and subsidiary protection) and cases involving permission to remain in the State have been introduced. Such applications are now processed, as part of a single application procedure, by the International Protection Office (IPO) which has replaced the Office of the Refugee Applications Commissioner (ORAC) from that date. The staff of that Office (the Chief International Protection Officer and International Protection Officers) are independent in the performance of their protection functions.

For your information, on 27 February 2017, the Chief International Protection Officer, following consultation with the United Nations High Commissioner for Refugees (UNHCR), published a statement on the Prioritisation of Applications under the International Protection Act 2015 which is available on the website of the International Protection Office (www.ipo.gov.ie).

Queries in relation to the status of individual immigration cases may be made directly to the Irish Naturalisation and Immigration Service (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.

Student Visas Applications

Questions (159)

Bernard Durkan

Question:

159. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a person (details supplied) is eligible for a further extension to a student visa or alternative visa; and if he will make a statement on the matter. [43025/18]

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Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted permission on student vacation conditions on the 23 January 2018. The purpose of this temporary permission is to enable the person concerned to acquire a work permit.

The Deputy may be aware that I launched a new scheme this week, which will allow certain non-EEA nationals, who came to Ireland to study between January 2005 and December 2010, to apply for permission to remain in the State. The person concerned may wish to consult the INIS website at www.inis.gov.ie for further information.

Eligible applicants may apply for a permission to remain in the State including the right to reside and work in the State and will be subject to renewal after two years. Modest fees will be charged under the scheme which will be open for on-line applications until 20 January 2019.

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.

Immigration Status

Questions (160)

Bernard Durkan

Question:

160. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and or expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [43026/18]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service of my Department that registration and renewal of immigration permissions for non-nationals residing outside the Dublin City and County area are carried out by officers appointed by the Garda National Immigration Bureau of An Garda Síochána at the local immigration office of the district where the person is residing. I am further advised that the person should contact their local Garda station to make an appointment to attend that office.

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.

Immigration Status

Questions (161)

Bernard Durkan

Question:

161. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the correct procedure to be followed to regularise status in the case of a person (details supplied); and if he will make a statement on the matter. [43027/18]

View answer

Written 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), 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.

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.

Student Visas Applications

Questions (162)

Bernard Durkan

Question:

162. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the correct procedure to be followed to update residency status in the case of a person (details supplied); and if he will make a statement on the matter. [43028/18]

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Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned requested permission to remain in the State on 8 August 2018. The Deputy will appreciate that applications are dealt with in chronological order and INIS will be in contact with the person concerned in due course.

The Deputy may be aware that I launched a new scheme this week, will which allow certain non-EEA nationals, who came to Ireland to study between January 2005 and December 2010, to apply for permission to remain in the State. The person concerned may wish to consult the INIS website at www.inis.gov.ie for further information.

Eligible applicants may apply for a permission to remain in the State including the right to reside and work in the State and will be subject to renewal after two years. Modest fees will be charged under the scheme which will be open for on-line applications until 20 January 2019.

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.

Student Visas Applications

Questions (163)

Bernard Durkan

Question:

163. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for leave to remain in the case of a person (details supplied); and if he will make a statement on the matter. [43029/18]

View answer

Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that it will be in contact with the person concerned by the end this month in relation to their request for permission to remain in this State.

The Deputy may be aware that I launched a new scheme this week which will allow certain non-EEA nationals, who came to Ireland to study between January 2005 and December 2010, to apply for permission to remain in the State. The person concerned may wish to consult the INIS website at www.inis.gov.ie for further information.

Eligible applicants may apply for a permission to remain in the State including the right to reside and work in the State and will be subject to renewal after two years. Modest fees will be charged under the scheme which will be open for on-line applications until 20 January 2019.

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.

Residency Permits

Questions (164)

Bernard Durkan

Question:

164. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application submitted to the EU treaty rights review unit in the case of a person (details supplied); and if he will make a statement on the matter. [43030/18]

View answer

Written answers

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied on 27 April 2017 for a residence card as a family member of an EU citizen under the provisions of the European Communities (Free Movement of Persons) Regulations 2015 and Directive 2004/38/EC of the European Parliament and of the Council. They stated at that time that they were the spouse of a citizen of Italy.

This application was refused on 14 November 2017 as the Minister was not satisfied that the EU citizen concerned was exercising their EU Treaty Rights in the State through employment, self-employment, the pursuit of a course of study, involuntary unemployment or the possession of sufficient resources in conformity with Regulation 6(3) of the Regulations.

The person concerned requested a review of that decision on 24 November 2017, which application is currently under consideration. INIS will correspond with the person concerned should further documentation, information, or clarification be required. Applications are dealt with in strict chronological order, and a decision will issue to the person concerned in due course. Although it is not possible at the present time to provide a definitive date by which a decision will be reached in this case, there will be no avoidable delay in completing same, and the person should expect a decision in the coming weeks.

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 INIS is, in the Deputy's view, inadequate or too long awaited.

Family Reunification Applications

Questions (165)

Bernard Durkan

Question:

165. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for a visa for their partner and child to join them here in the case of a person (details supplied); and if he will make a statement on the matter. [43031/18]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the applications referred to were received in the Visa Office in Abuja on 20 August 2018.

The Policy Document on Family Reunification published in December, 2013 contains a stated business target that visa applications to join Irish citizens should be dealt with within six months of receipt of application. However, it should be noted that this is a business target and does not constitute a legal obligation. The business target reflects the detailed and often complex assessment that is required to be carried out in relation to applications for family reunification.

While the Visa Office endeavours to have applications of this nature processed as quickly as possible, processing times for visas can vary based on a number of factors such as the number of applications, individual circumstances, the complexity of applications, whether further information or investigation is required, and the resources available. Any delays in achieving the business target are primarily related to the processing of more complex cases where the provision of additional documentation is requested or where detailed assessments of family rights under the Constitution and the European Convention on Human Rights are required.

The central concern, as with all visa services worldwide, in deciding on visa applications is to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime, while at the same time facilitating travel for those who meet the criteria. Each visa application is decided on its own merits taking all relevant factors into account.

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.

In addition, applicants may themselves e-mail queries directly to INIS (visamail@justice.ie).

Naturalisation Applications

Questions (166)

Bernard Durkan

Question:

166. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and or expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [43032/18]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was originally granted permission to remain in the State for a three year period, to 8 July 2016. The person concerned has since had their permission to remain in the State renewed for a further three year period, to 7 August 2019.

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that no application for a Certificate of Naturalisation has been received from the person concerned. However, it will be open to the person concerned to apply for a Certificate of Naturalisation when they are in a position to meet the lawful residency criteria applicable to the lodgement of such applications. Details on the criteria to be met by persons lodging such applications are available from the INIS Website (www.inis.gov.ie).

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.

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