Dáil Éireann Debate, Thursday - 4 July 2013
213. 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 County Dublin; and if he will make a statement on the matter. [32841/13]
Amharc ar fhreagraThe first named person concerned has permission to remain in the State until 30th January, 2015. This decision was conveyed to him by letter dated 31st January, 2012.
I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that no application for a Certificate of Naturalisation has been received from the first named person concerned. However, it will be open to him to apply for a Certificate of Naturalisation when he 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 the INIS Website (www.inis.gov.ie).
In relation to the case of the second named person concerned, the position is that, arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), she was notified, by letter dated 14th October, 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 written representations to the then 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 second named person concerned submitted an application for subsidiary protection. When consideration of this application has been completed, she 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 second named 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 second named person concerned.
The Deputy should note that as the second named person concerned has no current right of residency in the State, she 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.
