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Thursday, 31 Jan 2013

Written Answers Nos. 160-169

Naturalisation Applications

Ceisteanna (160)

Bernard Durkan

Ceist:

160. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to the determination of eligibility for naturalisation in the case of persons (details supplied) in Dublin 6; and if he will make a statement on the matter. [5036/13]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that, based on the limited information provided by the Deputy, they can find no record of an application for a certificate of naturalisation from the persons concerned. It is open to any individual to lodge an application for citizenship 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.

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.

Naturalisation Applications

Ceisteanna (161)

Bernard Durkan

Ceist:

161. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when eligibility for naturalisation will be approved in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [5037/13]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in July, 2009. Section 15 of the Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant a certificate of naturalisation provided certain statutory conditions are fulfilled. One such condition is that the applicant intends in good faith to continue to reside in the State after naturalisation.

As the person referred to by the Deputy did not confirm on her application form that she intended to reside in the State after naturalisation, one of the Statutory conditions for naturalisation, her application was deemed ineligible. The person concerned was informed of this in a letter dated 27 July 2009. It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the prescribed statutory requirements.

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.

Naturalisation Applications

Ceisteanna (162)

Bernard Durkan

Ceist:

162. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of residency/eligibility for naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [5039/13]

Amharc ar fhreagra

Freagraí scríofa

The person concerned was granted leave to remain in the State for the three year period to 19 August, 2011. This was renewed for a further three years in 2011 to the extent that the person concerned now has leave to remain up to 19 August, 2014.

In his leave to remain renewal decision letter, dated 30 August, 2011, the person concerned was advised of the requirement that he complete the registration process with the Garda National Immigration Bureau. He was also advised that, in order for the registration process to be satisfactorily completed, he must produce a passport which establishes his identity and nationality. While the person concerned has provided my Department with a photo-copy of the bio-data page of his passport, he has not, to date, provided the original of his passport, in spite of having been specifically requested to do so in my Department's letter to him dated 7 November, 2012. As a result, it is recommended that the person concerned would do so without further delay so that the registration process can be completed and he can derive the appropriate benefits from his permission to remain.

Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy’s view, inadequate or too long awaited.

Family Reunification Applications

Ceisteanna (163)

Bernard Durkan

Ceist:

163. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position and progress made of an application for family reunification in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [5040/13]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service (INIS) that some of the documentation as requested has been submitted and that a further letter issued to the legal representative of the person referred to by the Deputy on 22 January 2013. A reply to that correspondence is still outstanding.

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.

Naturalisation Applications

Ceisteanna (164)

Bernard Durkan

Ceist:

164. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date and current position in regard to the determination of residency/eligibility for naturalisation in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [5041/13]

Amharc ar fhreagra

Freagraí scríofa

The person concerned is a failed asylum applicant. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 18 August, 2011, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned. Given that the person concerned has no current right of residency in the State, the issue of an application for naturalisation does not arise at this time.

Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy’s view, inadequate or too long awaited.

Asylum Applications

Ceisteanna (165)

Bernard Durkan

Ceist:

165. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he has studied the original papers in the application for asylum/refugee status in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [5042/13]

Amharc ar fhreagra

Freagraí scríofa

The applicant applied for asylum on 17 January 2008 and had his claim examined by the Office of the Refugee Applications Commissioner. It was concluded that he did not meet the criteria for recognition as a refugee. The Commissioner's recommendation was communicated to him by letter dated 18 June 2008, in which he was also advised of his entitlement to appeal to the Refugee Appeals Tribunal.

The Refugee Appeals Tribunal, having fully considered the applicant's appeal, affirmed the Commissioner's recommendation. The outcome of the appeal was made known to him by letter dated 21 October 2009. This recommendation was fully considered by officials of the Ministerial Decisions Unit of my Department during which all the papers on file were examined. On 10 November 2009 the applicant was informed that his asylum application was refused and that it was now proposed to make a Deportation Order in respect of him. On 25 November 2009, the applicant initiated Judicial Review proceedings challenging the decision of the Refugee Appeals Tribunal. The Deputy will appreciate that, as the case is now sub judice, I am unable to comment any further on the matter.

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.

Refugee Status Applications

Ceisteanna (166)

Bernard Durkan

Ceist:

166. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he has studied the reports pursuant to sections 13(1) of the Refugee Act 1996, as amended, in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [5046/13]

Amharc ar fhreagra

Freagraí scríofa

The person concerned arrived in the State on 28 September 2009 and made an application for a declaration of refugee status to the Office of the Refugee Applications Commissioner. On 25 January 2010 the application was refused by that Office. An appeal was lodged against the decision to the Refugee Appeals Tribunal by the Refugee Legal Service on 10 February 2010 on the applicant's behalf. It was recommended by the Refugee Appeals Tribunal on 13 July 2010 that the original decision of the Commissioner be affirmed. This recommendation was fully considered by officials of the Ministerial Decisions Unit of my Department during which all the papers on file were examined, including the Section 13 report of the Office of the Refugee Applications Commissioner. On 25 August 2010 the applicant was informed that his asylum application was refused and that it was now proposed to make a Deportation Order in respect of him.

It should be noted that the refusal of refugee status was not challenged by the applicant by way of Judicial Review proceedings. He was legally represented at the time by the Refugee Legal Service. He was informed of the three options open to him including his right to make a Subsidiary Protection application, pursuant to the European Communities (Eligibility for Protection) Regulations 2006, and representations pursuant to Section 3 of the 1999 Immigration Act. A Subsidiary Protection application and representations pursuant to Section 3 of the 1999 Act were made on behalf of the applicant by the Refugee Legal Service on 9 September 2010. A personal statement on behalf of the applicant was submitted by his solicitors on 13 September 2010.

It was determined on 8 August 2011 that the applicant was not eligible for Subsidiary Protection and he was so informed on that day. The applicant's case was then considered pursuant to Section 5 of the Refugee Act 1996 and Section 3 of the Immigration Act 1999. A Deportation Order was signed in respect of the person concerned on 11 August 2011 and he was informed of this decision on 30 August 2011. Judicial Review proceedings were lodged challenging both the refusal of Subsidiary Protection and the decision to make a Deportation Order. As the matter is now sub judice I do not propose to comment further.

Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy’s view, inadequate or too long awaited.

Defence Forces Strength

Ceisteanna (167)

John O'Mahony

Ceist:

167. Deputy John O'Mahony asked the Minister for Defence if he will consider certain personnel (details supplied) to qualify for the new redundancy package; and if he will make a statement on the matter. [4941/13]

Amharc ar fhreagra

Freagraí scríofa

The Minister for Public Expenditure and Reform recently announced the introduction of a Voluntary Redundancy Scheme in targeted sections of the Public Service, primarily to address the issue of staff surpluses where staff cannot be redeployed within the system. Given the fact that the Defence Forces are currently below strength and that recruitment is ongoing, there are no plans to introduce a voluntary redundancy scheme for the Defence Forces at this time.

Vacancies on State Boards

Ceisteanna (168)

Billy Kelleher

Ceist:

168. Deputy Billy Kelleher asked the Minister for Defence if he will provide in tabular form the number of organisations or agencies under the aegis of his Department that have vacancies on their board; the length of time any such vacancies have been unfilled; the number of vacancies that have been advertised; the number of applications to fill such vacancies that have been received; and if he will make a statement on the matter. [4856/13]

Amharc ar fhreagra

Freagraí scríofa

The only body under the aegis of my Department is the Army Pensions Board. There are currently no vacancies on this Board.

Single Payment Scheme Payments

Ceisteanna (169)

Pat Breen

Ceist:

169. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when an application for single farm payments will be processed in respect of persons (details supplied) in County Clare; and if he will make a statement on the matter. [4826/13]

Amharc ar fhreagra

Freagraí scríofa

A Transfer of Entitlements 2012 application form was received by my Department on 14 May 2012, transferring entitlements from the second person named and a third party to the two persons named above. Officials from the Transfer of Entitlements Section have been in contact with the persons named in order to get a witnessed signature from the third party. While this witnessed signature has been received, however, officials from the local District Veterinary Office have also been in contact with the persons named to facilitate a change to the registration details of the herd number. As soon as the registration details of the herd number have been changed the application will be processed for payment.

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