Naturalisation Applications

Ceisteanna (188)

Bernard Durkan

Ceist:

188. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of eligibility for naturalisation in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [29918/13]

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 June, 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. 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.

Naturalisation Applications

Ceisteanna (189)

Bernard Durkan

Ceist:

189. 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 County Dublin; and if he will make a statement on the matter. [29919/13]

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 September, 2011. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and is at an advanced stage. Further information was requested from the person concerned in a letter issued on 4 June 2013. Once the requested information has been received and assessed the case will be finalised and submitted to me for decision. 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.

Naturalisation Applications

Ceisteanna (190)

Bernard Durkan

Ceist:

190. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of eligibility for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [29920/13]

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 May, 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. 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 (191)

Bernard Durkan

Ceist:

191. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status and the likelihood of eligibility for naturalisation in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [29921/13]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

The person concerned has been granted permission to remain in the State, on Stamp 3 conditions, for the period to 25th October, 2013. This decision was conveyed in writing to the person concerned by letter dated 30th April, 2013.

It will be open to the person concerned to apply to the Citizenship Division of my Department for a Certificate of Naturalisation when she is 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.

Residency Permits

Ceisteanna (192)

Bernard Durkan

Ceist:

192. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will indicate, notwithstanding his replies to previous parliamentary questions, if provision can be made to facilitate work and study in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [29922/13]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

I am informed by the Irish Naturalisation and Immigration Service that this person was granted an extension of her student permission to remain in the State until 31 May, 2013. It would appear that the person has no longer any basis for remaining in the State and should now make arrangements to leave. The applicable guidelines in this case are those for non EEA national students registered in the State before 1 January 2011. These are available on the INIS website at 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 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 of too long awaited.

Naturalisation Applications

Ceisteanna (193)

Bernard Durkan

Ceist:

193. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding naturalisation entitlement in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [29923/13]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

I refer the Deputy to my detailed reply to his earlier Parliamentary Question No. 214 of Thursday, 16th May, 2013. The position is unchanged since then.

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 18th 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 4th 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.

Residency Permits

Ceisteanna (194)

Bernard Durkan

Ceist:

194. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status and-or eligibility for naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [29924/13]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

The person concerned has sought a right of residency in the State, accompanied by a right to work, in line with the principles set out in the European Court of Justice Judgment in the Zambrano case. While the person concerned has submitted much of the information and documentation requested of her in the context of her application, she has not yet provided my Department with documentary evidence that her child is entitled to claim Irish citizenship. She has been advised to this effect on a number of occasions, most recently in a letter dated 20th November, 2012 sent to her legal representative.

Upon receipt of the outstanding documentation, the position in the State of the person concerned can be considered further. The Deputy should note that as the person concerned has no current right of residency in the State, she would not, at present, be in a position to meet the lawful residency criteria applicable to persons applying to my Department for a Certificate of Naturalisation. Additionally, while the person concerned had permission to remain in the State for a period between late 2007 and early 2011, this was on the basis of student conditions which would not count as 'reckon-able residency' in the context of an application 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.

Residency Permits

Ceisteanna (195)

Bernard Durkan

Ceist:

195. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status and eligibility for naturalisation in the context of the Zambrano judgment in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [29925/13]

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 21st March, 2012, that the 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 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. 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.

Residency Permits

Ceisteanna (196)

Bernard Durkan

Ceist:

196. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the steps that can be taken to regularise residency in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [29926/13]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy arrived in the State on 24 August, 2005. It would appear that the person may be in the State unlawfully and in breach of Section 5 (1) of the Immigration Act 2004 which provides that no non EEA national may be in the State other than in accordance with the terms of any permission given to him by or on behalf of the Minister. Section 5 (2) of the Act provides that a non EEA national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.

A person who is found to be in breach of the requirements of the Immigration Act 2004 may have committed an offence. A person found guilty of such an offence is liable under Section 13 of the Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. It is also likely that the person concerned, if he is in employment, would require a work permit issued by the Department of Jobs, Enterprise and Innovation. In general, a work permit is only issued where there is no Irish or EEA national available and qualified to do the particular job concerned. A non EEA national who does not have a valid work permit and works in the State is in breach of the Employment Permits Acts 2003 and 2006. Indeed, the employer is also liable to sanction for breaches of these Acts. I would strongly advise that, as a matter of urgency, the person concerned contacts the General Immigration Division, INIS, 13/14 Burgh Quay, Dublin 2 in relation to his situation.

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 of too long awaited.

Naturalisation Applications

Ceisteanna (197)

Bernard Durkan

Ceist:

197. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will set out the case to date regarding the determination of eligibility for naturalisation for a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [29927/13]

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 June, 2012. The application is at an advanced stage of processing and the applicant will be informed of my decision in due course. 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.