Upward Only Rent Reviews

Ceisteanna (195)

Thomas P. Broughan

Ceist:

195. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he intends to address the issue of upward only rent reviews through a referendum and any statutory measures in the 31st Dáil; and if he will make a statement on the matter. [18034/13]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

I refer the Deputy to my reply to Parliamentary Questions Nos. 907 and 909 of 16 April 2013 in which I indicated that the decision made by Government in December 2011 not to proceed with the commitment in the Programme for Government to legislate to end upward only rent review clauses for leases entered into prior to 28 February 2010 was taken on foot of consultations with the Attorney General, which made it clear that the proposed legislation gave rise to significant constitutional difficulties. I also indicated that it was clear that any legislative proposal would require the payment of compensation to those whose property rights would be infringed if that proposal were to be compatible with Constitutional and European Court of Human Rights norms.

Against that background there are no plans to re-examine the decision which was taken in 2011 and there are no plans to have a referendum on this matter.

Divorce Process

Ceisteanna (196)

Nicky McFadden

Ceist:

196. Deputy Nicky McFadden asked the Minister for Justice and Equality if he will outline the rationale for the current four year period required for divorce in Ireland; if the process will be amended to facilitate a single court process (details supplied); and if he will make a statement on the matter. [18058/13]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

The basis for the four year period required for divorce is that it is mandated by Article 41.3.2.i of the Constitution. The Oireachtas cannot legislate to change this period unless the majority of voters approve such a change in a referendum.

Asylum Applications

Ceisteanna (197)

Bernard Durkan

Ceist:

197. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position in regard to determination of residency status and or eligibility for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [18135/13]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

The person concerned had a Deportation Order made against him, following the refusal of his asylum application and the subsequent consideration of his case under Section 3 (6) of the Immigration Act 1999 (as amended). He lodged judicial review proceedings in the High Court, challenging the decision to make a Deportation Order against him. These proceedings were 'settled'. Arising from this settlement, the Deportation Order was revoked and the person concerned was afforded the opportunity to submit, within a specified period, fresh representations pursuant to Section 3 of the Immigration Act 1999 (as amended). Such representations have been submitted and will be considered, along with all other information on file, before a final decision is taken in this case. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.

The Deputy should note that as the person concerned has no current right of residency in the State, he would not, at this time, be in a position to meet the lawful residency criteria applicable to persons applying to my Department for a Certificate of Naturalisation.

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 (198)

Bernard Durkan

Ceist:

198. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the matter of determination of eligibility for residency status/naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [18138/13]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

The person concerned had a Deportation Order made against him, following the refusal of his asylum application and his application for Subsidiary Protection and the subsequent consideration of his case under Section 3 (6) of the Immigration Act 1999 (as amended). He lodged judicial review proceedings in the High Court, challenging the decision to make a Deportation Order against him. These proceedings were 'settled' on the basis that the case would be re-considered by the Irish Naturalisation and Immigration Service.

Should this lead to a new application for Subsidiary Protection being lodged and 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.

The Deputy should note that as the person concerned has no current right of residency in the State, he would not be in a position to meet the lawful residency criteria applicable to persons applying to my Department for a Certificate of Naturalisation.

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 (199)

Bernard Durkan

Ceist:

199. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the matter of evaluation and determination of eligibility for residency/naturalisation in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [18139/13]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

The person concerned is a failed asylum applicant. Arising from the refusal of his 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 28th December, 2007, that the then Minister proposed to make a Deportation Order in respect of him. He 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 then Minister setting out reasons why a Deportation Order should not be made against him. In addition, he was notified of his 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.

Deportation Orders Data

Ceisteanna (200)

Bernard Durkan

Ceist:

200. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will examine the case in respect of citizenship/eligibility for long-term residency/naturalisation in the case of a person (details supplied) in County Sligo; and if he will make a statement on the matter. [18140/13]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

The person concerned arrived in the State on 10 May, 2008 and applied for asylum. 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 that it was proposed to make a Deportation Order in respect of her. She was also advised of her entitlement to submit an application 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 and also submitted representations pursuant to Section 3 of the Immigration Act 1999 (as amended). Following the consideration of her application for Subsidiary Protection, a decision was taken that the person concerned was not eligible for Subsidiary Protection. The case of the person concerned was then considered under 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. Refoulement was not found to be an issue. In addition no issue arises under Section 4 of the Criminal Justice (UN Convention against Torture) Act, 2000. Consideration was also given under Article 3 and to private and family rights under Article 8 of the European Convention on Human Rights (ECHR). A Deportation Order was signed on 15 March 2011.

On application for re-admittance to the Asylum process the person concerned had her case examined under Section 17(7) of the Refugee Act 1996. Following consideration of the information submitted, the application was refused.

I am satisfied that the asylum and immigration case of the person concerned was comprehensively examined under all of the relevant headings before a decision was taken to make a Deportation Order against her. I am equally satisfied that all representations submitted, including those of a medical nature, were fully considered in advance of a final decision being taken. As a result, I see no justification to re-visit the case of the person concerned.

However, if new information or circumstances have come to light, which have a direct bearing on her case and which has arisen since the original Deportation Order was made, there remains the option of applying to me for revocation of the Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999, as amended. However I wish to make clear that such an application would require substantial grounds to be successful.

The person concerned remains the subject of a Deportation Order. As a result, she is legally obliged to comply with any reporting requirements placed on her by the Garda National Immigration Bureau. As the Deputy will be aware, the effect of a Deportation Order is that the person named on the Order must leave the State and remain thereafter out of the State.

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.

Residency Permits

Ceisteanna (201)

Bernard Durkan

Ceist:

201. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to examination of eligibility for long-term residency/naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [18141/13]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

The person concerned was granted permission to remain in the State for an initial 2 year period on Stamp 4 conditions from 11 November, 2005, under the revised arrangements for the non-EEA national parents of children born in Ireland prior to January, 2005, commonly known as the IBC/05 Scheme. This permission to remain was renewed regularly and is currently valid until 15 February, 2014.

There is no record of an application for a Certificate of Naturalisation having been received from the person concerned. However, it is open to any individual to lodge such an application to the Citizenship Section of the Irish Naturalisation and Immigration Service (INIS) 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. Details on the criteria to be met by persons lodging such applications are available on the website of the INIS (www.inis.gov.ie).

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 this 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.

Naturalisation Applications

Ceisteanna (202)

Bernard Durkan

Ceist:

202. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in the matter of determination of eligibility for long-term residency/naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [18142/13]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

I am advised by the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received from the person referred to by the Deputy in August, 2012.

The application is being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and will be submitted to me for decision as expeditiously as possible.

The person has currently permission to remain until 8 June 2016.

As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and 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 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.

Residency Permits

Ceisteanna (203)

Bernard Durkan

Ceist:

203. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in the matter of determination of eligibility for long-term residency/naturalisation in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [18143/13]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

The persons concerned have been granted leave to remain in the State for the three year period ending 15 October, 2015, following the consideration of their respective cases under Section 3 (6) of the Immigration Act 1999 (as amended). These decisions were conveyed in writing to the persons concerned by individual letters dated 15 October, 2012.

It will be open to the persons concerned to apply to the Citizenship Division of the Irish Naturalisation and Immigration Service 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 my Department's Website (www.justice.ie).

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.

Visa Applications

Ceisteanna (204)

Bernard Durkan

Ceist:

204. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 179 of 24 January 2013, wherein indication was given to the effect that documents were awaited from the applicant which it is understood has been replied to and complied with in full, if it is now possible to proceed with the determination of eligibility in respect of visa applications in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [18144/13]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

I am advised by the Irish Naturalisation and Immigration Service (INIS) that the application to which the Deputy refers is at an advanced stage of processing.

Necessary information from an outside agency, of which the family is aware, is awaited by INIS in order to make a decision.

Once this information is received a decision will be made without delay.

Queries in relation to the status of individual immigration cases may be directed 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.