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Gnáthamharc

Thursday, 27 Jun 2013

Written Answers Nos. 210-221

Residency Permits

Ceisteanna (210)

Bernard Durkan

Ceist:

210. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [31372/13]

Amharc ar fhreagra

Freagraí scríofa

In February, 2012, the person concerned submitted an application for permission to remain in the State based on the principles of the Zambrano Judgment. This application was considered and refused, a decision notified by letter dated 31st July, 2012.

Given that the person concerned had no other valid basis to remain in the State, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 25th June, 2013, 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.

Given that the 15 working day period referred to in my Department's letter dated 25th June, 2013 does not expire until 17th July, 2013, it is open to the person concerned to avail of one of the options referred to by that date. In any event, no steps will be taken in the context of the case of the person concerned until that date has passed.

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.

Citizenship Applications

Ceisteanna (211)

Bernard Durkan

Ceist:

211. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for citizenship in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [31373/13]

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 December, 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 (212)

Bernard Durkan

Ceist:

212. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [31374/13]

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 27th February, 2009, 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. 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 initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. Her judicial review leave application was refused by the High Court on 11th April, 2013 meaning that the earlier decisions of the Refugee Appeals Tribunal and the then Minister stood.

The person concerned has 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.

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 (213)

Bernard Durkan

Ceist:

213. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for residency in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [31375/13]

Amharc ar fhreagra

Freagraí scríofa

The person concerned had a Deportation Order made against her on 23rd November, 2011, following the refusal of her asylum application and the subsequent consideration of her case under Section 3 (6) of the Immigration Act 1999 (as amended). This Order was served by registered post dated 24th November, 2011.

The person concerned lodged judicial review proceedings in the High Court, challenging the decision to make a Deportation Order against her. These proceedings were 'settled' by agreement, with the consequence that the person concerned was afforded the opportunity to submit, within a specified period, fresh representations pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended). Arising from the Terms of Settlement of the judicial review proceedings, the Deportation Order was revoked on 24th January, 2013. The person concerned, through her legal representatives, has submitted fresh representations.

The position in the State of the person concerned will now 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.

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 (214)

Bernard Durkan

Ceist:

214. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [31376/13]

Amharc ar fhreagra

Freagraí scríofa

There is currently no application pending in my Department for residency in respect of the person whose details were supplied. If an application for asylum has been made by the person concerned, the Deputy will be aware that it is not the practice to comment on applications which have not fully completed this process.

Deportation Orders

Ceisteanna (215)

Bernard Durkan

Ceist:

215. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will review the deportation order issued against a person (details supplied) in County Meath; and if he will make a statement on the matter. [31377/13]

Amharc ar fhreagra

Freagraí scríofa

The person concerned is a failed asylum applicant. She is not the subject of a Deportation Order.

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 19th June, 2013, 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.

Given that the 15 working day period referred to in my Department's letter dated 19th June, 2013 does not expire until 11th July, 2013, it is open to the person concerned to avail of one of the options referred to by that date. In any event, no steps will be taken in the context of the case of the person concerned until that date has passed.

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 (216)

Bernard Durkan

Ceist:

216. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of application for residency in the case of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [31378/13]

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 8th May, 2012, 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.

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 (217)

Bernard Durkan

Ceist:

217. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of application for residency in the case of a person (details supplied) in County Monaghan; and if he will make a statement on the matter. [31379/13]

Amharc ar fhreagra

Freagraí scríofa

There is currently no application pending in my Department for residency in respect of the person whose details were supplied. If an application for asylum has been made by the person concerned, the Deputy will be aware that it is not the practice to comment on applications which have not fully completed this process.

Residency Permits

Ceisteanna (218)

Bernard Durkan

Ceist:

218. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31380/13]

Amharc ar fhreagra

Freagraí scríofa

The person concerned formally applied for asylum on 15th March, 2007. In accordance with the provisions of Section 9 of the Refugee Act 1996 (as amended), she was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

The person concerned initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. These proceedings were 'settled' with the consequence that her appeal was remitted to a different Member of the Tribunal for a fresh determination. This appeal was also refused and again judicial review proceedings were lodged in the High Court, challenging the second decision of the Tribunal. These proceedings were unsuccessful so the latter decision of the Tribunal, and the subsequent decision of the Minister, stood.

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 28th September, 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 position in the State of the person concerned will now 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. Any 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.

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 (219)

Bernard Durkan

Ceist:

219. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of application for residency in the case of a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [31381/13]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service that the person named by the Deputy has submitted an application for a change to his Immigration status on 21 January 2013. Applications are dealt with in chronological order and this application will be dealt with in due course.

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 (220)

Bernard Durkan

Ceist:

220. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of application for residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31383/13]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to Parliamentary Question No. 190 of Thursday, 20th June 2013. The position remains as stated.

Reply to Parliamentary Question No. 190 of Thursday, 20th June 2013.

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.

Closed Circuit Television Systems

Ceisteanna (221)

Willie Penrose

Ceist:

221. Deputy Willie Penrose asked the Minister for Justice and Equality if there is any grant aid available to residents' associations or other local community groups to assist them in the procurement of mobile CCTV units, which would be suitable to aid in the detection of crime, petty or otherwise; if same could be considered as an important tool to assist the Garda Síochána; and if he will make a statement on the matter. [31412/13]

Amharc ar fhreagra

Freagraí scríofa

A State supported Community CCTV Scheme was first launched in 2005, with a second round being advertised in 2007. Under the Scheme, two types of grant were available: A pre-development grant of up to €5,000 to assist local communities to develop proposals for a CCTV system and a substantive grant of up to €100,000 to assist with the capital cost of establishing a Community CCTV system. In all, 54 community schemes were awarded pre-development grants and a total of 45 schemes were awarded substantive grants.

The current position is that all available funding provided under the previous two rounds has been fully allocated and there are currently no plans to further extend the Scheme. However, the matter will continue to be kept under ongoing review in the context of overall policy considerations and the availability of funding.

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