Thursday, 28 March 2019

Questions (93)

Bernard Durkan

Question:

93. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected status in respect of leave to remain and-or naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [14654/19]

View answer

Written answers (Question to Justice)

I 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 on behalf of the person referred to by the Deputy, who currently has permission to reside in the State until 16 June 2020.

A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received, and every application is considered on its individual merits, regardless of whether the applicant had applied previously.

It is open to any individual to lodge an application for a certificate of naturalisation 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. There is no appeals process under the legislation. The fact that a person may have had an application refused does not preclude or disqualify them from submitting a fresh application in the future. Indeed, the letter advising an applicant of a negative decision also informs them that they may re-apply for the grant of a certificate of naturalisation at any time. The letter advises that, when considering making such a re-application, they should give due regard to the reasons for the refusal which were contained in the submission attached to the refusal letter and that any further application will be considered taking into account all statutory and administrative conditions applicable at the time of application.

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 I know the Deputy will appreciate that it is important that appropriate procedures are in place to preserve the integrity of the process.

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