Written Answers Nos. 1067-1086
1067. Deputy Catherine Murphy asked the Minister for Justice if he and or his officials undertook any due diligence in the context of security and duty of care to service users in respect of the renting of a premises (details supplied) in Waterford; and if his attention has been drawn to concerns in respect of service users. [63281/22]
View answerAs Deputy will be aware, the Legal Aid Board provides legal advice and aid under the relevant terms of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996-2017. Section 3(3) of the Act provides that the Board shall, subject to the provisions of the Act, be independent in the exercise of its functions.
The acquisition of premises is an operational matter for the Legal Aid Board under such terms, whether leasehold or otherwise, as it may consider appropriate to its functions. The location of offices of the Legal Aid Board is subject to the Civil Legal Aid Regulations 1996 (S.I No. 273 of 1996), which give effect to the relevant provisions of Section 37 of the 1995 Act. Regulation No. 22 (1) states that:
“In deciding on the location of law centres, the Board shall have regard to –
(a) the need to provide reasonable access to their services on a nationwide basis,
(b) the desirability of providing, so far as possible, ready access to their services in the areas where the need for those services is greatest, and
(c) the need to use available resources in a way likely to result in maximum benefit for persons in need of legal aid or advice and in considering these matters the Board shall take account of any views expressed by local and other interests but the decision finally in each case shall be a matter entirely for the Board”.
Having given the matter appropriate consideration, including by reference to the relevant provisions of Section 3(2) of the Civil Legal Aid Act 1995 Act and those of the Civil Legal Aid Regulations 1996 (S.I. No. 273 of 1996), the Minister for Justice at the time, Minister Humphreys, gave her consent to the Board’s request to acquire a leasehold interest in the new premises at Railway Square in Waterford. This was conveyed to the Legal Aid Board on 27 September 2021. Neither I or my officials have any further role in this process.
1068. Deputy Bernard J. Durkan asked the Minister for Justice if applications for naturalisation have been submitted in the case of persons (details supplied); and if he will make a statement on the matter. [63282/22]
View answerApplications for naturalisation are dealt with in chronological order by date received.
When applications for a certificate of naturalisation are received by the Citizenship Division of my Department, they are subject to an initial check/examination. Citizenship Division is currently completing initial checks on applications received in August 2022.
On completion of the initial checks, my Department will assign an application number and issue an acknowledgment to the address given at the time of making the application.
I am deeply conscious of how important the granting of naturalisation is to those who apply for it and my Department has continued to accept and process citizenship applications throughout the pandemic and during all levels of public health restrictions.
My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.
1069. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the number of semi-automatic centre fire rifles that have been licensed by An Garda Síochána in each of the years 2015 to 2022; if he has plans to adjust this date; if he will instruct his Department to consult with persons who own such firearms before signing off on such legislation via an appointed group; and if the State will compensate Irish citizens for their loss of property given that this proposal will affect persons who have invested large sums in these firearms in some cases (details supplied). [63321/22]
View answer1087. Deputy Patricia Ryan asked the Minister for Justice the reason that he plans to revoke certificates of centre-fire semi-automatic rifles which have been issued post-18 September 2015; if compensation will be offered to persons having their firearms revoked; and if he will make a statement on the matter. [63720/22]
View answerI propose to take Questions Nos. 1069 and 1087 together.
As previously advised in response to Parliamentary Question 483 on 6 December 2022, An Garda Síochána have informed my Department that it is not possible to collate the number of semi-automatic centre fire rifles for each of the years since 2015 to date. To do so would necessitate a manual trawl of PULSE which would take an inordinate expenditure of Garda resources and time.
However, my Department has been monitoring the importation of semi-automatic centre fire rifles into the State and between January 2015 and December 2021, the Department of Justice authorised the import of 97 SACF rifles; of these we have been informed that 38 have been issued licences. A breakdown of these figures is as follows:
The number of semi-automatic centre fire rifles imported - January 2015 – December 2021
|
Year |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
Total FirearmsImported 2015-2021 |
|
Licensed |
3 |
0 |
5 |
13 |
7 |
7 |
3 |
38 |
|
Unlicensed |
3 |
2 |
11 |
10 |
5 |
6 |
22 |
59 |
|
Annual total |
6 |
2 |
16 |
23 |
12 |
13 |
25 |
97 |
The legislative measure referred to by the Deputy is the proposed new section 3DA of the Firearms Act 1925 which was approved at Committee Stage in the Dáil on 08 November 2022, as a new section 10 of the Criminal Justice (Miscellaneous Provisions) Bill 2022.
The proposed new section provides that on the day that is three months after the relevant date, any firearm certificate for a semi-automatic centre-fire rifle that was first granted after 18 September 2015, and that was in force immediately before the relevant date, shall stand revoked. The “relevant date” is the date that the above section comes into operation.
This section is being proposed on public safety grounds, in line with a previous announcement by the then Minister on 18 September 2015. It is important to note that the intention to introduce this measure has been a matter of public record since that date. I share the concerns of An Garda Síochána in relation to public safety and equally, I also acknowledge the dedication and responsibility of the owners of legally held firearms in the State. In this regard, I note that this measure has been a long standing recommendation of An Garda Síochána, which was taken into account by the then Minister when she made her announcement on 18 September 2015.
Since the cap was first announced, the intention to revoke such certificates has been public. Steps were taken in the intervening period to raise awareness that any new certificates for these firearms stood to be revoked when the cap was introduced. Licensing Officers and applicants are directed, by the publicly available Commissioner’s Guidelines on the Practical Application and Operation of the Firearms Acts, to consider the upcoming restriction when submitting an application for one of these rifles to be licensed. Registered Firearms Dealers seeking to import these rifles have been advised by my Department that such rifles would become unlicensable when the new legislation is enacted.
The original decision to cap this particular type of firearm was made on public safety grounds, due to their use in international shootings that have resulted in significant loss of life and, in my view, that policy context has not changed. On that basis, the inclusion of this provision is being proposed in the Criminal Justice (Miscellaneous Provisions) Bill 2022 and the Dáil has recently confirmed its support for this approach.
This measure is a cap, as opposed to an outright ban. This is because persons who held a firearms certificate for these types of rifles before the date of the then Minister’s announcement on 18 September 2015, and whose certificate was in force immediately before the relevant date, will be able to continue to renew their certificates.
Persons who obtained firearms certificates in respect of semi-automatic centre fire rifles after 18 September 2015 will have their certificate revoked.
This is an appropriate and balanced measure given that it is forward looking from the then Minister’s public announcement in 2015 and not retrospective from before that date.
Finally, as is clear from the above, my Department has consistently communicated this policy over the last few years and as such the payment of compensation would not arise in these circumstances.
1070. Deputy Bernard J. Durkan asked the Minister for Justice if a visa application will be considered in the case of a person (details supplied); and if he will make a statement on the matter. [63336/22]
View answerI can inform you that following full consideration by a Visa Officer, the visa application you refer to was refused. A letter issued to the applicant on 23 December 2022 outlines the reasons for this refusal.
An appeals process, which is free of charge, is available. It allows applicants, in the event of a refusal of the application at first instance, to address the factors which gave rise to that decision.
It is open to the applicant to appeal this decision, in writing, within two months of the date of the refusal. Appeals must be in written form and sent to the Visa Appeals Officer in the relevant Visa Office. Faxed or emailed appeals will not be considered.
As of 13 January 2023, no appeal has been received for this application.
When making an appeal, the applicant should take into account the reasons for refusal listed in the refusal letter. The appeal should include any further information or additional documentation they wish to have considered, and should be sent for the attention of the Visa Appeals Officer, in the relevant Visa Office, where the matter will be considered afresh. The applicant will find further details on the appeals process at the following link:
www.irishimmigration.ie/appeal-a-negative-decision/
Full consideration will be given to any appeal received on behalf of the applicant, however the onus is on the applicant to satisfy the Visa Officer that a visa should be granted.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie), 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 is, in the Deputy’s view, inadequate or too long awaited.
1071. Deputy Carol Nolan asked the Minister for Justice the number of asylum applications by month from January 2020 to date; and if he will make a statement on the matter. [63440/22]
View answer1118. Deputy Carol Nolan asked the Minister for Justice the total number of applications for asylum received in each year from 2016 to 2022; the number of applications which were approved and rejected in those years; and if he will make a statement on the matter. [1421/23]
View answerI propose to take Questions Nos. 1071 and 1118 together.
My Department's overall objective is to have decisions made on applications from people seeking international protection as quickly as possible. This ensures that those who are found to be in need of protection in Ireland can receive it quickly and begin rebuilding their lives here with a sense of safety and security.
It must be acknowledged that those who do not have a legal right to remain in this country must return to their own country.
A decision to effect a deportation order is taken following fair procedure and when the individual concerned has gone through all available avenues for appeal.
The information sought by the Deputy with regard to the number of asylum applications by month from January 2020 to date, can be found in the tables below.
New applications for International protection by month from Jan 2020 to December 2022*
|
Year/Month |
Jan |
Feb |
Mar |
Apr |
May |
Jun |
Jul |
Aug |
Sept |
Oct |
Nov |
Dec |
Total |
|
2020 |
306 |
246 |
177 |
30 |
16 |
41 |
107 |
118 |
173 |
128 |
64 |
160 |
1,566 |
|
2021 |
138 |
91 |
138 |
113 |
132 |
116 |
156 |
262 |
332 |
329 |
387 |
455 |
2,649 |
|
2022 |
391 |
750 |
1032 |
1,172 |
1,543 |
1,605 |
1,266 |
1,132 |
1,060 |
1,189 |
1,313 |
1,198 |
13,651 |
During 2022 the number of people claiming international protection increased significantly, with cations made with the IPO. This is a 186% increase on the same period in 2019, the last year in which application numbers were not impacted by COVID-19.
The information sought in relation to the total number of applications for asylum received in each year from 2016 to 2022 is provided in the table below.
|
Year of Application |
No. of Applications |
|
2016 |
2,244 |
|
2017 |
2,926 |
|
2018 |
3,674 |
|
2019 |
4,781 |
|
2020 |
1,566 |
|
2021 |
2, 649 |
|
2022 |
13, 651 |
The table below sets out the number of applications which were approved and rejected from 2016 to 2022
|
Year of Decision |
Refugee Status Grants (RS) |
Subsidiary Protection Grants (SP) |
RS/SP Refusals |
Total Decisions |
|
2016 |
590 |
137 |
2,038 |
2,765 |
|
2017 |
686 |
106 |
400 |
1,192 |
|
2018 |
827 |
224 |
551 |
1,602 |
|
2019 |
954 |
168 |
1,745 |
2,867 |
|
2020 |
1,033 |
164 |
951 |
2,148 |
|
2021 |
1,107 |
105 |
983 |
2,195 |
|
2022 |
1,926 |
98 |
4,121 |
6,145 |
|
Total |
7,123 |
1,002 |
10,789 |
18,914 |
* The figures in the table above refer to the year in which the decision was made and not necessarily to the year in which the application was made.
My Department is committed to reducing processing times for international protection applicants and we are taking steps to ensure that applications are dealt with as quickly as possible.
Over the last number of months, the International Protection Office has implemented a number of measures to improve efficiencies and throughput, in tandem with reforms to the application, interview and decision making process, and these are having a significant impact upon processing times.
The Government has also committed additional funding of nearly €18m in 2023 that will also go towards increasing efficiency in processing applications, including by increasing staff numbers at the International Protection Office. Further reforms are being examined with a view to speeding up the processing of applications.
1072. Deputy Jackie Cahill asked the Minister for Justice if the processing of visas for persons coming to Ireland from Vietnam, following the approval of a work permit, is slower than it is for other countries; and if he will make a statement on the matter. [63459/22]
View answerApplications from residents of Vietnam are normally processed by the Embassy of Ireland, in Hanoi, under delegated sanction from my Department. There has been an 870% increase in Type D Long Stay Employment visa applications received (the majority from general employment permit holders), from residents of Vietnam, up to the 30 November 2022, in comparison with the same period in 2019 (before COVID-19 related travel restrictions).
The central concern in deciding on visa applications, as with all visa services worldwide, 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 therefore decided on its own merits taking all factors into account.
The increase in Type D Long Stay Employment visa applications received has coincided with a marked deterioration in the quality of the applications. A significant number of applications do not appear to adhere to our guidelines and policies. Officials of my Department have held discussions with a number of stakeholders, including various employers and IBEC, and have advised that, in these circumstances, enhanced scrutiny of all applications of this nature is required and that the progression of a large number of employment visas which are associated with a general employment permit, generally relating to lower skilled positions, will likely not proceed. This position is being kept under constant review and visas for other categories of employee such as Critical Skills continue to be progressed.
1073. Deputy Mark Ward asked the Minister for Justice if he will provide a full list of the successful applicants of the community safety innovation fund, by electoral area, and funds awarded in tabular form; and if he will make a statement on the matter. [63465/22]
View answerAs the Deputy may be aware, Minister McEntee announced the funding allocations for the Community Safety Innovation Fund on 17 October 2022. Details of the successful applicants, including funding allocated under the Fund is available at the following link:
www.gov.ie/en/press-release/13736-minister-mcentee-announces-2-million-in-grants-to-reinvest-proceeds-of-crime-in-community-safety/.
To be of assistance, the list of successful applicants by electoral area is attached for the Deputy's information.
The Community Safety Innovation Fund reflects the successes of An Garda Síochána and the Criminal Assets Bureau in identifying and seizing the ill-gotten gains of criminals. Equally, people across Ireland are working tirelessly in their communities to prevent crime from taking hold and make their local areas safer.
By putting this money back into the community, we can show that there is a direct link between the activities of law enforcement and improving community safety.
The Criminal Assets Bureau works closely with Gardaí and all law enforcement agencies at national and international levels. The Proceeds of Crime (Amendment) Act 2005 makes provision for the Bureau to seize assets that were generated in foreign jurisdictions. This Act enables the Bureau to cooperate fully with other international asset recovery agencies.
The Deputy may also be aware that Budget 2023 allocates €3 million to the CSIF, an increase of 50%, and a call for funding will issue early this year. I hope to be in a position to announce details in Q1.
|
# |
Applicant |
Applicant Electoral Area |
Project |
Funding |
Local Electoral Area |
County |
Area |
|
1 |
Longford LCSP |
Longford |
Cornerstone initiatives |
€137,500 |
Longford, Ballymahon, Granard |
Longford |
Longford |
|
2 |
Meath Travellers Workshop |
Navan |
Positive Ripple Effect Within the Traveller Community |
€99,831 |
Kells, Navan, Ratoath, Trim |
Meath |
Navan, Kells, Trim, Dunshauglin |
|
3 |
Dublin LCSP, Dublin Town, DCC |
North Inner City Dublin |
Dublin North Inner City Community Safety Warden Scheme |
€150,000 |
North Inner City Dublin |
Dublin |
Wolfe Town Park and Environs |
|
4 |
Waterford LCSP (Application 1) |
Tramore - Waterford City West |
Dungarvan Community Project |
€41,403 |
Dungarvan |
Waterford |
Dungarvan |
|
5 |
Waterford LCSP (Application 4) |
Tramore - Waterford City West |
North West Suburbs Community Action Plan |
€25,000 |
Waterford City West |
Waterford |
NW Suburbs |
|
6 |
Outcomers |
Dundalk South |
App Happy (Discussing online dating safety with young gay and bisexual men) |
€36,800 |
All Ireland |
All Ireland |
|
|
7 |
Longford Women's Link |
Longford |
Responding to the risk of Domestic Violence Homicide in Rural Ireland |
€20,686 |
Longford, Ballymahon, Granard, Roscommon, Athlone, Boyle, Ballina, Belmullet, Castlebar, Claremorris, Swinford, Westport |
Longford, Roscommon, Mayo |
|
|
8 |
Monaghan Fire and Civil Protection |
Monaghan |
Personal & Community Resilience Booklet |
€58,429 |
Ballybay-Clones, Carrickmacross-Castleblaynaney, Monghan |
Monaghan |
Countywide |
|
9 |
Monaghan JPC |
Monaghan |
Advancing Community Safety in Monaghan |
€65,000 |
Ballybay-Clones, Carrickmacross-Castleblaynaney, Monghan |
Monaghan |
Monaghan |
|
10 |
Red Door Project |
Drogheda Urban |
Prison Link Worker |
€98,014 |
Drogheda Urban, Drogheda Rural, Laytown - Bettystown (also covers an area of North Dublin) |
Louth, Meath, Dublin |
Drogheda, East Meath and North County Dublin |
|
11 |
Meath Community Drug Alcohol Response |
MCDAR Community Prison Links Worker |
€49,711 |
Ashbourne, Kells, Navan, Ratoath, Trim |
Meath |
||
|
12 |
Empower |
Fingal |
Balbriggan Intercultural Youth Hub |
€150,000 |
Fingal |
Dublin |
Balbriggan |
|
13 |
Foroige New Choices Project |
Drogheda Urban |
New Choices |
€150,000 |
Drogheda Urban, Drogheda Rural, Laytown - Bettystown |
Louth, Meath |
Drogheda, Collon,. Dunleer, Termonfecking, Clogherhead, Bettystown, Laytown, Mornington, Duleek and Donore |
|
14 |
Roscommon CoCo & JPC |
Roscommon |
Support Digital Safety Among Adults/Older People in the Community |
€5,000 |
Roscommon, Athlone, Boyle |
Roscommon |
Roscommon |
|
15 |
Walkinstown Greenhills Resource Centre |
Kimmage - Rathmines |
Building Community Resilience Project |
€137,770 |
Kimmage - Rathmines |
Dublin |
Dublin 12 and surrounding areas |
|
16 |
Bedford Row Family Project |
Ennis |
Bedford Row in Clare |
€148,000 |
Ennis, Killaloe, Shannon, West Clare |
Clare |
Clare |
|
17 |
Omeath District Development CLG |
Dundalk - Carlingford |
Steering and Sparring |
€118,167 |
Dundalk - Carlingford |
Louth |
Omeath, carlingford, cooley peninsula |
|
18 |
Gorey Youth Needs Group |
Gorey |
Discovery Project |
€28,940 |
Gorey, Enniscorthy |
Wexford |
North County Wexford |
|
19 |
Ballymum Local DATF |
Ballymun - Finglas |
‘Base Bus Ballymun’: Community Mobile Access Project |
€120,000 |
Ballymun - Finglas |
Dublin |
|
|
20 |
Familibase |
Ballyfermot - Drimnagh |
FamiliBase “That’s a WRAP” |
€136,414 |
Ballyfermot - Drimnagh |
Dublin |
Ballyfermot, Cherry Orchard, Park West |
|
21 |
Dublin City University |
Cabra - Glasnevin |
Moving Well Being Well |
€103,546 |
North Inner City Dublin, Dungarva, Lismore, Portlaw, Kilmackthomas, Taramore - Waterford City West, Waterford City East, Waterford City South, Longford, Ballymahon, Granard |
Dublin, Waterford, Longford |
LCSP area |
|
22 |
Sligo Business Improvement District |
Sligo - Strandhill |
Sligo Street Ambassador Programme |
€121,789 |
Sligo-Strandhill & Sligo-Drumcliff |
Sligo |
Sligo town and environs |
1074. Deputy Sorca Clarke asked the Minister for Justice the current list of countries for which family reunification programmes exist; and the other countries that are being considered for entry to or removal from the programmes. [63503/22]
View answerFamily reunification is available to all Non EEA nationals legally resident in the State and there is no specific programme or list of eligible countries.
Statutory family reunification under Section 56 of the international Protection Act 2015 is open to any individual for whom a refugee or subsidiary protection declaration is in force, regardless of their country of origin, subject to the provisions of the Act.
Non EEA nationals legally resident in Ireland, and considering family reunification, should also be aware of my Department’s “Policy on Non-EEA Family Reunification in Ireland”, available here: www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf. This policy document sets out the criteria and specific requirements for any person considering making an application to be joined by family members in the State.
From time to time my Department may put in place a humanitarian admission programme for family members of Non EEA nationals from specified countries who are legally resident in Ireland. No such programme is currently open for applications, nor are there any current plans to open one. Previously specific programmes were introduced in response to wars in Syria and Iraq.
1075. Deputy Bernard J. Durkan asked the Minister for Justice the progress that has been made to date in the determination of an application as part of the undocumented scheme in the case of a person (details supplied); and if he will make a statement on the matter. [63589/22]
View answerThe application for the person referred to by the Deputy was received by the Undocumented Unit of my Department on 02 February 2022 and continues to be processed. Due to the large number of applications on hand it is not possible to provide a definitive timeframe for a decision to issue.
The processing times of applications will vary depending on the complexity of the application, whether it is a single or family application, the supporting documentation and the vetting process with An Garda Síochána (AGS). Applications where there is an existing deportation order will require additional processing.
Each application received is assessed individually in accordance with the published criteria, available on my Department's immigration website at: www.irishimmigration.ie/wp-content/uploads/2022/01/Undocumented-Policy-Scheme-January-2022.pdf.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at INISOireachtasMail@justice.ie, 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 Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
1076. Deputy Peadar Tóibín asked the Minister for Justice the number of persons who have been imprisoned for contempt of court for each of the past ten years; the length of the average imprisonment term for contempt of court in each of these years; and the longest imprisonment term for contempt of court in the same period. [63595/22]
View answerI am advised by my officials in the Irish Prison Service that data in relation to the number of people imprisoned for contempt of court for each of the past ten years; the length of the average imprisonment term for contempt of court in each of these years; and the longest imprisonment term for contempt of court in the same period is outlined in the table below.
|
Year Imprisoned |
Total Number of Persons imprisoned where the Warrant Type was Contempt Of Court |
|
Year 2022 |
18 |
|
Year 2021 |
10 |
|
Year 2020 |
2 |
|
Year 2019 |
12 |
|
Year 2018 |
10 |
|
Year 2017 |
11 |
|
Year 2016 |
16 |
|
Year 2015 |
23 |
|
Year 2014 |
20 |
|
Year 2013 |
16 |
|
Year 2012 |
15 |
|
Year Imprisoned |
Length of the average imprisonment term in each of these years |
|
Year 2022 |
32 days |
|
Year 2021 |
23 days |
|
Year 2020 |
6 days |
|
Year 2019 |
29 days |
|
Year 2018 |
19 days |
|
Year 2017 |
13 days |
|
Year 2016 |
17 days |
|
Year 2015 |
35 days |
|
Year 2014 |
39 days |
|
Year 2013 |
32 days |
|
Year 2012 |
20 days |
* Statistics provided are based on the most serious offence recorded being Contempt of Court.
The longest imprisonment term for contempt of court in the past ten years was in 2013, the individual was imprisoned for 12 months.
The Irish Prison Service also have advised that detailed statistical information in relation to numbers in prison custody, prison sentences and length of sentences is available on the Irish Prison Service website www.irishprisons.ie. This information can be found on the Irish Prison Service website in the Information Centre – under Statistics and Information. Statistics available include daily prison population, monthly information note statistics, snapshot statistics and yearly statistics.
1077. Deputy Matt Shanahan asked the Minister for Justice the communication activities and the form in which his Department engaged in 2022 that specifically targeted Albanian and Georgian nationals to draw their attention to the Irish asylum programme; and if he will make a statement on the matter. [63601/22]
View answerI can confirm for the Deputy that my Department has not engaged in any communication activities specifically aimed at informing nationals of Albania or Georgia about Ireland’s international protection system or its application procedure. It would not be appropriate for my Department to engage in such an activity as it is open to any person regardless of their nationality to make an application for international protection in the State. As per the provisions of section 15(1) of the International Protection Act 2015 a person must be in the State or at the frontiers of the State to make such an application.
An international protection applicant is someone who has left their country and seeks protection in another country. Seeking protection is a human right and when someone asks for protection at the border of a country, that country’s authorities must examine that application. Ireland, as a party to the Geneva Convention, must also meet this obligation. The International Protection Office (IPO) of my Department is responsible for examining all international protection applications received. The staff of the IPO are independent by law in the exercise of their international protection functions.
My Department will continue to take all necessary steps to manage the international protection process efficiently and effectively, as part of the broader whole of Government response, while ensuring the integrity of the immigration system is maintained. My Department is also committed to reducing processing times for international protection applicants.
On November 8 2022, the International Protection Office (IPO) introduced accelerated procedures for international protection applicants from safe countries of origin (designated countries include Georgia and Albania). The Minister designates certain countries as safe countries of origin pursuant to section 72 of the International Protection Act, 2015.
All applications are examined fully and individually on their merits, including those from countries which are designated as safe countries of origin. An applicant from a safe country of origin is afforded the opportunity to submit grounds (in writing and/or at interview) as to why his or her country is not safe for him or her and those grounds are given due consideration. Otherwise that country is deemed to be a safe country of origin for the applicant.
1078. Deputy Matt Shanahan asked the Minister for Justice the protocols that apply to Albanian and Georgian citizens who register for refugee protection in Ireland understanding that no conflicts are presently ongoing in those countries; and if he will make a statement on the matter. [63602/22]
View answer1079. Deputy Matt Shanahan asked the Minister for Justice the number of new applications for asylum status from Georgian and Albanian migrants in the past three years in tabular form; and if he will make a statement on the matter. [63603/22]
View answerI propose to take Questions Nos. 1078 and 1079 together.
The International Protection office of my Department endeavours to make recommendations on international protection applications as soon as possible. This ensures that those who are found to be in need of protection from the State can receive it quickly and begin rebuilding their lives here with a sense of safety and security. My Department continues to take all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of the immigration system is maintained at all times.
On November 8 2022, the International Protection Office (IPO) introduced accelerated procedures for international protection applicants from safe countries of origin (designated countries include Georgia and Albania). The Minister designates certain countries as safe countries of origin pursuant to section 72 of the International Protection Act, 2015.
All International Protection applications are examined fully and individually on their merits, including those from countries which are designated as safe countries of origin. An applicant from a safe country of origin is afforded the opportunity to submit grounds (in writing and/or at interview) as to why his or her country is not safe for him or her and those grounds are given due consideration. Otherwise that country is deemed to be a safe country of origin for the applicant.
Under this accelerated process, relevant applicants complete a preliminary interview and are required to complete a questionnaire regarding their application and the reasons they are looking for protection upon application. Applicants are assigned an interview date at this stage in the process, typically within a matter of weeks, significantly reducing their waiting time.
Applicants under this procedure maintain the right to appeal a negative recommendation by the IPO to the International Protection Appeals Tribunal (IPAT).
The new accelerated process introduced in November 2022 is intended to significantly reduce processing time. As it has only been recently introduced, the IPO are monitoring implementation and the impact on processing times.
The table below sets out the number of applications made from Albanian and Georgian nationals.
|
Applications for International Protection from Albanian & Georgian nationals 2020-2022 |
||||
|
Nationality |
2020 |
2021 |
2022 |
Total |
|
Albanian |
44 |
65 |
219 |
328 |
|
Georgian |
41 |
338 |
2710 |
3089 |
1080. Deputy Aodhán Ó Ríordáin asked the Minister for Justice the process for naturalisation of a child born in Ireland where their parents are non-EU citizens and legally resident in Ireland. [63608/22]
View answerThe granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.
Section 6A of the 1956 Act also provides details on the criteria for naturalisation that applies to a child born to parents who were legally resident in the State at the time of their birth. If the minor was born in the State after 1 January 2005, and was not entitled to Irish citizenship at the time of birth, but has since accumulated five years’ reckonable residence they should use Form 11 when making an application. However, minors cannot apply for naturalisation in their own right. The application must be made by their parent, legal guardian or person acting on the child's behalf "in loco parentis".
It is my intention that the forthcoming Courts and Civil Law (Miscellaneous Provisions) Bill will reduce the residency requirements for naturalisation for children born in the State from 5 years to 3 years and will also set out clear procedures that will apply to citizenship applications relating to children.
Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/.
1081. Deputy Pádraig Mac Lochlainn asked the Minister for Justice the support that is provided to victims of crime for an inquest dealing with the death of a family member. [63618/22]
View answerAs the Deputy will be aware, coroners are independent quasi-judicial office holders whose function under the Coroners Acts 1962-2020 is to investigate sudden and unexplained deaths so that a death certificate can issue. The Department has no role in directing the work of coroners during their death investigation, which may culminate in an inquest.
An inquest is a fact-finding inquisitorial process, it cannot consider questions of civil or criminal liability. Therefore, an inquest is quite different from any adversarial criminal proceedings.
Coroners and/or their staff, or members of An Garda Síochána, may answer any questions a family member has in respect of the inquest process. Further information is also available on the following websites: www.dublincoronerscourt.ie/support-services/ and www.dublincoronerscourt.ie/what-we-do/.
In cases of murder, fatal road traffic collision, or kidnapping a Garda Family Liaison Officer (FLO) is assigned to the family of a victim. The FLO is responsible for liaising with the family throughout the Garda investigation and will provide timely and accurate information on the progress of the Garda investigation. They will also provide contact details of victim support organisations which are available to support victims and/or their families.
In relation to victim engagement with the criminal justice system more generally, my Department is introducing additional supports and reforms to ensure that victims (which under the victims of crime Act 2017 includes the family member of a homicide victim) are better supported throughout the entire criminal justice process.
There is also an increased budget of €5.8 million being made available from my Department this year to support the work of organisations that specifically deal with victims of crime.
1082. Deputy Michael Healy-Rae asked the Minister for Justice his views on a matter (details supplied); and if he will make a statement on the matter. [63679/22]
View answerI can advise the Deputy that the person referred to is subject to a Deportation Order. They have made a request to have their deportation order revoked, pursuant to the provisions of section 3(11) of the Immigration Act 1999 (as amended).
This request will be considered as soon as it is possible to do so. The decision to ensue from the consideration of this request will be that the existing deportation order will be either ‘affirmed’ or ‘revoked’. Once such a decision has been made, this will be notified to them in writing. In the meantime they remain legally obliged to comply with any reporting requirements placed on them by the Garda National Immigration Bureau.
It should be noted that their case is amongst many to be considered at present and, as such, at this point in time, it is not possible to provide a specific indication as to when their case will be finalised. However, they can be assured that there will be no avoidable delay in having their case brought to finality.
It is also noted that they have a pending application for the Undocumented Migrant Regularisation Scheme. Once a decision has been made in relation to their Undocumented Scheme application they will be notified in writing of the outcome.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie), 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 is, in the Deputy’s view, inadequate or too long awaited.
1083. Deputy Maurice Quinlivan asked the Minister for Justice the number of gardaí assigned to security details at Limerick Courthouse at Mulgrave Street, Limerick. [63689/22]
View answerAs the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána. As Minister, I have no role in these matters.
I am advised, however, that Garda management keeps the distribution of resources under continual review to ensure their optimum use in light of identified operational needs and emerging crime trends.
The Government is committed to ensuring that An Garda Síochána has the resources it needs, with the unprecedented allocation provided in Budget 2023 of €2.14 billion.
I am informed that it is not the policy of An Garda Síochána to comment on matters of security including of the operational nature referred to in the Deputy's question.
1084. Deputy Steven Matthews asked the Minister for Justice if his attention has been drawn to delays in the probate system; the plans to reduce wait times for families and persons caught up in these delays. [63695/22]
View answerManagement of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution. The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas at: oireachtasenquiries@courts.ie.
Probate is an operational matter for the Courts Service. Therefore, I have referred your question to the Courts Service for their direct reply.
1085. Deputy Neale Richmond asked the Minister for Justice if a Filipino citizen who is married to an Irish citizen but is residing in the Philippines can apply for Irish citizenship; and if he will make a statement on the matter. [63705/22]
View answerThe granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.
There are no provisions for the spouse or partner of an Irish citizen to acquire Irish citizenship solely by virtue of a marriage or civil partnership. The legal provision that provided for post nuptial citizenship was repealed with effect from 30 November 2005.
Section 15A of the 1956 Act sets out the conditions that apply where the application is based on being the spouse or civil partner of an Irish citizen. The requirements are: that the couple are married or civil partners to each other for a period of at least three years and are living together, and that immediately before the date of application, they have a period of one year’s continuous residence in the island of Ireland and, during the preceding four years, have a further period amounting to two years (i.e. three years in total).
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory conditions as prescribed in the Irish Nationality and Citizenship Act 1956, as amended and pay the appropriate fees.
Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/.
Please also be advised that it is open to a person to create a visa application at any time to travel to the State . Visa applications must be made using our online facility (link provided) www.visas.inis.gov.ie/avats/OnlineHome2.aspx.
Upon creating an online visa application, the summary sheet must be printed and signed by the applicant and then submitted to the relevant Visa Office, along with supporting documentation & the relevant fee, within 30 days. Only upon receipt of the necessary documentation & fee, can the visa application be processed.
The onus, as in all cases, is on the applicant to satisfy the Visa Officer that a visa should be granted. Applicants are advised not to pay for airline or other travel tickets without having first been issued with a visa.
The following pages on the Irish Immigration website may be of some assistance when creating a visa application;
www.irishimmigration.ie/coming-to-join-family-in-ireland/.
www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf.
www.irishimmigration.ie/coming-to-visit-ireland/.
1086. Deputy Brendan Howlin asked the Minister for Justice when a decision will be made on an application for a visa (details supplied); and if he will make a statement on the matter. [63710/22]
View answerThe visa application referred to by the Deputy was refused by the Visa Office in Dublin on 12 July 2022. The reasons for this decision were set out in the refusal letter sent to the applicants at that time. An appeal of this decision was launched on 3 August 2022.
It should be noted that visa appeals are dealt with in strict chronological order. While every effort is made to process appeals as soon as possible, processing times will vary having regard to the volume of appeals received, their complexity, the possible need for the visa office to seek further information in relation to certain appeals and the resources available to process them.
All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines in this regard are posted on our website. Applicants that meticulously follow these guidelines have an improved prospect of receiving a positive decision at first instance.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie), 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 is, in the Deputy’s view, inadequate or too long awaited.
