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Thursday, 16 May 2013

Written Answers Nos. 207-217

Crime Statistics

Ceisteanna (207)

Thomas P. Broughan

Ceist:

207. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will provide, in tabular form, the number of convictions secured under section 5 of the Criminal Justice Public Order Act 2003 for each of the past ten years. [23514/13]

Amharc ar fhreagra

Freagraí scríofa

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide statistics directly to the Deputy.

Crime Statistics

Ceisteanna (208)

Michael Healy-Rae

Ceist:

208. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if he will provide in tabular form the crime rates in County Kerry for January 2009 to January 2010, January 2010 to January 2011, January 2011 to January 2012 and January 2012 to January 2013; and if he will make a statement on the matter. [23530/13]

Amharc ar fhreagra

Freagraí scríofa

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide statistics directly to the Deputy.

Naturalisation Applications

Ceisteanna (209)

Bernard Durkan

Ceist:

209. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding determination of eligibility for naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [23584/13]

Amharc ar fhreagra

Freagraí scríofa

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 July, 2012. The application is at an advanced stage of processing and the applicant will be informed of my decision as expeditiously as possible. 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.

Immigration Status

Ceisteanna (210)

Bernard Durkan

Ceist:

210. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the entitlement to Stamp 4 in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [23585/13]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy has permission to be in the State as a Student until 04/06/2013. This person arrived in the State on 18/12/2008 and has no current entitlement to Stamp 4. The person has no pending application with the Irish Naturalisation and Immigration Service. Information on the immigration requirements and conditions for non-nationals studying in Ireland, including the new student pathway, is available on the INIS website www.inis.gov.ie.

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.

Immigration Status

Ceisteanna (211)

Bernard Durkan

Ceist:

211. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status and or procedure to update Stamp 4 in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [23586/13]

Amharc ar fhreagra

Freagraí scríofa

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 30 March, 2010, 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 the 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, including those relating to the possible relevance of the Zambrano Judgement to the case of the person concerned, 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.

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.

Naturalisation Applications

Ceisteanna (212)

Bernard Durkan

Ceist:

212. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding determination of residency/eligibility for naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [23587/13]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was granted permission to remain in the State in 1999 under the arrangements then in place for the non-EEA parents of Irish born children. The permission has been renewed on a regular basis and is currently valid until 29th August, 2015. A valid application for a certificate of naturalisation was received from the person referred to by the Deputy in July 2012. The application is at an advanced stage of processing and the applicant will be informed of my decision as expeditiously as possible. 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 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.

Immigration Status

Ceisteanna (213)

Bernard Durkan

Ceist:

213. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 200 of 28 February 2013, (details suppled) if arrangements will be made for the regularisation of their position in line with other family members; if arrangements will be made for update of Stamp 4; and if he will make a statement on the matter. [23588/13]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) that having checked with both the Garda National Immigration Bureau (GNIB) and Visas Division in INIS, there is no record of the person concerned entering the State in 2007 or applying for a visa to do so. Accordingly, he is without permission to be in the State at present. However, given the unusual family circumstances involved, I intend to seek further details from his aunt as to the manner in which he entered the State and his future plans prior to making a determination on his future status in the State. The Deputy should note that the position in the State of the person concerned is not such as would bring any entitlement to family reunification, a facility which is only available to persons recognised as refugees or with Subsidiary Protection status.

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.

Subsidiary Protection Applications

Ceisteanna (214)

Bernard Durkan

Ceist:

214. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of residency status/eligibility for naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [23589/13]

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, 2006, that the then 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. The person concerned initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. The judicial review proceedings were struck out on 4 July 2008 meaning that the earlier decisions of the Refugee Appeals Tribunal and the then Minister stood. 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.

Naturalisation Applications

Ceisteanna (215)

Bernard Durkan

Ceist:

215. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for regularisation of long-term residency/eligibility for naturalisation in the case of persons (details supplied) in County Dublin; and if he will make a statement on the matter. [23590/13]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received from the first person referred to by the Deputy in December, 2011. 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 referred to currently has permission to remain in the State until 30 April 2015. I am pleased to inform the Deputy that the second person referred to has had her application granted and will be presented with a Certificate of Naturalisation at a citizenship ceremony being held at the Convention Centre, Dublin on 20 May 2013. 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.

Immigration Status

Ceisteanna (216)

Bernard Durkan

Ceist:

216. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to validate an application for long-term residency/naturalisation in the case of a person (details supplied) in Dublin 15 whose joint application with their spouse ceased following their separation; and if he will make a statement on the matter. [23591/13]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was approved as the subject of a Family Reunification application on 16 May 2006. I am further informed by INIS that the person concerned does not have an application pending for Long Term Residency or Naturalisation. However, it is open to them to submit an application for Naturalisation if they wish to do so. Comprehensive guidelines on making an application for Naturalisation may be found on the INIS website (www.inis.gov.ie).

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.

Immigration Status

Ceisteanna (217)

Bernard Durkan

Ceist:

217. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to facilitate regularisation of residency/update of Stamp 4 in the aftermath of the separation of the parents in the case of a person (details supplied) in Dublin 15 whose application to renew their Stamp 4 is independent; and if he will make a statement on the matter. [23592/13]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was approved as the subject of a Family Reunification application on 16 May 2006. I am further informed that the person concerned was granted permission to enter and reside in the State pursuant to Section 18 of the Refugee Act, 1996 (as amended) and is entitled to the rights and privileges specified in Section 3 of the Act for such period as the Refugee remains the holder of a declaration of refugee status, and that the separation of the parents of the person concerned does not affect these entitlements. When granted permission to remain under Family Reunification, the subject of an application must attend to register his/her permission to remain with the Garda National Immigration Bureau. Registration of itself is a matter for An Garda Síochána.

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.

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