Paul Nicholas Gogarty
Ceist:236 Mr. Gogarty asked the Minister for Justice, Equality and Law Reform the residency status of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [27720/03]
Written Answers. - Residency Permits.
The persons referred to in the Deputy's question, a New Zealand national father and his teenage son and daughter, arrived in the State on 6 March 2001. The father in question had obtained Irish citizenship in December 1999 by registering in the Foreign Births Register.
It was not possible for the children to obtain Irish citizenship through foreign births registration as their father had not registered prior to their births. The only option open to them, therefore, to obtain Irish citizenship is through the process of naturalisation.
On 23 February 2002, the father requested application forms for citizenship for his teenage children. On 1 March 2002 the father applied for naturalisation for his son. I approved this application on 18 February 2003. A letter conveying my decision and requesting the completion of certain necessary formalities issued to the father on 5 March 2003. To date, my officials have not received the necessary response to this letter to enable them to issue a certificate of naturalisation in this case.
There is no record of an application having been made either on behalf of the daughter prior to her eighteenth birthday or on her own behalf after that date. It is open to her to make an application at any time and any such application will be assessed against the criteria set out in the Irish Nationality and Citizenship Act, 1956, as amended in 1986 and 2001.
The father has indicated in correspondence with my Department that his two children have permission to remain in the State without conditions. If that is the case, the daughter is permitted to pursue a university course if she so wishes.
John Curran
Ceist:237 Mr. Curran asked the Minister for Justice, Equality and Law Reform when an application for a general permission to remain here from a person (details supplied) in County Dublin will be dealt with; and if he will make a statement on the matter. [27722/03]
An application for permission to remain in the State based on marriage to an Irish national was received from the person con cerned in September 2003. Applications of this type are dealt with in chronological order and currently take approximately ten months to process.
John Curran
Ceist:238 Mr. Curran asked the Minister for Justice, Equality and Law Reform when an application for a general permission to remain here from persons (details supplied) in County Dublin will be dealt with; and if he will make a statement on the matter. [27723/03]
The two persons in question, both Romanians, entered the State on 24 November, 1997 and claimed asylum. They were interviewed on 13 January 1999 and 2 February 1999, respectively. They attended further interviews on 30 March 1999 to clarify certain issues arising from the first interviews. Their claims were refused and they were notified of these decisions on 4 October 1999. They appealed these decisions to then appeals authority.
Subsequent to the submission of the appeals one of the persons entered Northern Ireland illegally where he was arrested and detained. He made an application for asylum at Belfast on 30 September 1999. On 6 October, 1999 the United Kingdom requested this State to accept his transfer for determination of his application for asylum under the Dublin Convention. The request was accepted and the transfer was effected on 3 November 1999.
The appeals in respect of the decisions of 4 October 1999 were held on 7 March 2000 and the persons were informed by letters on 19 October 2000 that their appeals were refused. In accordance with section 3 of the Immigration Act 1999 as amended, they were informed that it was proposed to make deportation orders in respect of them and were given the following options: to make written representations within 15 days setting out the reasons they should be allowed to remain temporarily in the State; to leave the State voluntarily; or to consent to the making of deportation orders. Representations were received as to why they should be allowed to remain in the State.
The persons in question then instituted judicial review proceedings on 13 December 2000 on the grounds that the appeals authority failed to consider all evidence put before it and took irrelevant considerations into account. These proceedings were struck out on 17 July 2002. Applications for naturalisation were then made by the persons in question on 11 October 2002.
I expect these case files to be submitted to me shortly and the persons will be informed of my decision in due course.