Written Answers Nos. 190 - 209
190. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency/eligibility for naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [34143/13]
Amharc ar fhreagraIn April, 2007, the person concerned made an application for residency in the State on the basis of being the Spouse of an EU National who was exercising her EU Treaty Rights in this State. This application was approved and the person concerned was notified to this effect by letter dated 18th August, 2008. The person concerned completed the registration formalities to the extent that his permission to remain was valid to 25th October, 2012.
Given that the person concerned was no longer residing with his EU National spouse, he was not in a position to apply for the renewal of his permission to remain on the basis of marriage to an EU national. He has, however, sought a right of residency in the State, accompanied by a right to work, based on the principles of the European Court of Justice Judgment in the Zambrano case. Once a decision has been made in this latter application, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned. There is no record of an application for a Certificate of Naturalisation having been received from the person concerned. However, it will be open to him to apply to the Citizenship Division of my Department 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 Irish Naturalisation and Immigration Service Website (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 or too long awaited.
191. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 147 of 13 June 2013, the position regarding residency status/eligibility for citizenship in the case of a person (details supplied); and if he will make a statement on the matter. [34144/13]
Amharc ar fhreagraThe 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. As stated in my Reply to the Deputy's earlier Question, the position in the State of the person concerned will 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. At that time, all representations submitted, including those relating to the family and domestic circumstances 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.
192. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the necessary visas for two days visits of musical groups will be approved in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [34145/13]
Amharc ar fhreagraThe individuals referred to currently have visa applications under consideration. Five of the visa applications were received in the Visa Office, Abuja on 8 July 2013, the remainder on 1 July 2013. Cases of this type are dealt with in chronological order and an examination of the applications referred to will take place in due course. The actual processing time for dealing with such applications can vary depending on the particular circumstances of each individual case and the type of investigation required.
Queries in relation to general immigration matters 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.
193. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency/eligibility for naturalisation in the case of a person (details supplied) in Dublin 11; and if he will make a statement on the matter. [34146/13]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) that the person concerned is the subject of a Deportation Order and is therefore illegally present in the State. The person concerned arrived in the State on 15 May 2000 claiming to be from South Africa and claimed asylum. Her asylum claim was refused on the grounds of credibility. A Deportation Order was signed on 23 September, 2002. By letter dated 8 November, 2002 the person concerned was informed that she was required to present to the Garda National Immigration Bureau on 15 November, 2002 to make arrangements for her deportation. She failed to present and was classed as an evader.
In 2009 the person concerned made an application for a residence card on the basis of her marriage to an EU national and was given permission to remain in the State while this was considered. In 2010 the person concerned was informed that this application was unsuccessful as she had failed to demonstrate that her EU spouse was exercising his EU Treaty Rights in accordance with the requirements of the Regulation. In 2011 the person concerned made a second asylum claim and when it was discovered that she was a dual applicant the application was withdrawn.
I am satisfied that the asylum application of the person concerned was fairly and comprehensively examined. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau. As a matter of policy, I do not intend to reward persons who have failed a very fair, thorough and comprehensive asylum process, and who have then proceeded to evade their deportation.
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.
194. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status in the case of a person (details supplied) Dublin 2; and if he will make a statement on the matter. [34147/13]
Amharc ar fhreagraThe 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 9th September, 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 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.
195. 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 22; and if he will make a statement on the matter. [34148/13]
Amharc ar fhreagraI 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.
196. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [34149/13]
Amharc ar fhreagraI wish to thank the Deputy for clarifying the situation in respect of the person concerned as my previous reply inadvertently misidentified the subject of the Deputy's question. This was due, in part, to an error in the Departmental reference number in the details provided with the question. The absence of other references used to link the individual to their records made identification difficult and as it happens the search for records located a different person with the same name. Indeed, it is to avoid situations like this arising that I would encourage Deputies to use the Oireachtas mail facility established to provide information to Oireachtas members on immigration cases rather than the Parliamentary Questions process. This facility provides up to date information on cases and its flexible nature ensures that any clarifications can be sought and provided very quickly.
The person referred to by the Deputy was registered in the State for a short period from 18th February 2002 to 3rd September 2002. The person appears to have remained here without the appropriate permission. This is in breach of Section 5(1) of the Immigration Act 2004 which provides that no non-national may be in the State other than in accordance with the terms of any permission given to them by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non-national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State. In the circumstances, I would strongly urge the person to immediately contact their local Garda registration Officer.
197. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if consideration will be given to the fact that failure to update work permit was not the responsibility of a person (details supplied); if retrospective provision will be made in this case; and if he will make a statement on the matter. [34150/13]
Amharc ar fhreagraThe person concerned arrived in the State on 1st April 2007 for the purposes of a short term visit and was given permission to remain in the State until 10th April 2007. He remained illegally in the State after 10th April 2007. His wife arrived in the State on the 18th September 2008, and his daughter arrived in the State in the company of her grandmother in 2009. His son was born in the State on 27th March 2012, and is not an Irish citizen. The family were issued with proposal to deport letters on 19th April 2012 and 26th October 2012. All representations submitted on behalf of the family were considered and deportation orders issued on 7th March 2013.
The person concerned instituted Judicial Review proceedings on 26 June 2013, challenging the deportation orders made in respect of himself and his family and accordingly, as the matter is sub judice, I do not propose to comment further. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
198. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency-determination of entitlement to naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [34151/13]
Amharc ar fhreagraThe person concerned was granted temporary permission to remain in the State on 28 July, 1999 under the arrangements then applicable to the non-EEA national parents of Irish born children born in the State before 1 January, 2005. This permission was renewed on a regular basis with the last renewal valid until June, 2014. A valid application for a certificate of naturalisation was received from the person referred to by the Deputy in June, 2012. This 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 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.
199. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when Stamp 4 will issue in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [34152/13]
Amharc ar fhreagraThe person concerned is a sibling of an Irish born citizen child born in the State prior to 1 January 2005, whose parents were granted temporary permission to remain in the State on 4 July, 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. I would advise the person concerned to make a written application for temporary permission to remain in the State to the Irish Naturalisation and Immigration Service (INIS) c/o PO Box 10003, Dublin 1. She should also enclose her original passport, two passport size photos, signed on the back, her original birth certificate and letters from school/college to prove continuous residency in the State with her application. Upon receipt of the appropriate documentation, her case will be examined by the relevant officials in the INIS and a decision communicated to her 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.
200. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency-eligibility for consideration for naturalisation in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [34153/13]
Amharc ar fhreagraThere are currently no applications pending in my Department for residency or naturalisation in respect of the persons whose details were supplied. If applications for asylum have been made by the persons concerned, the Deputy will be aware that it is not the practice to comment on applications which have not completed this process.
201. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will examine the eligibility for residency based on humanitarian grounds in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [34159/13]
Amharc ar fhreagraThe person concerned applied for asylum on 11th May, 2007. 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. As these proceedings are ongoing, it would not be appropriate for me to comment further on the case of the person concerned 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.
202. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if a person who was renting their land to another person and has not been actively farming for the last 10 to 12 years and who will not be submitting a single farm payment application until 2014 will be entitled to any single farm payment entitlements under the new common agricultural policy; if alternatively they may apply to the National Reserve for entitlements; and if he will make a statement on the matter. [34014/13]
Amharc ar fhreagraThe agreement reached on 26 June between the three European institutions on the reform of the Common Agricultural Policy will come into force in the 2015 scheme year. All existing payment entitlements will expire on 31 December 2014. Eligibility for the allocation of new entitlements is clearly defined, the first criteria being that the person must have received a direct payment under the 2013 scheme year.
Priority for the allocation of entitlements under the National Reserve is given to ‘young farmers’ and to farmers ‘who commence their agricultural activity’. A ‘young farmer’ is defined as a person who is no more than 40 years of age in the first year of submission of his/her BPS application, is setting up an agricultural holding for the first time or has set up such a holding during the five years preceding the first submission of the BPS application. A farmer ‘who commences his agricultural activity’ is defined as a person ‘that did not have any agricultural activity in his own name and at his own risk in the five years preceding the start of the agricultural activity’. In both cases however the Member State may add other qualifying criteria such as educational qualifications.
203. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine if the licensee of the salmon farming site (details supplied) has paid all arrears for this licence up to date and if not, what are the outstanding arrears associated with the said licence and if he will permit the restocking of this site prior to the full payment of licence arrears. [34038/13]
Amharc ar fhreagra204. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine the date the licensee of the salmon farming site (details supplied) applied for a renewal of the said licence; and if he has made a decision regarding its renewal. [34039/13]
Amharc ar fhreagra205. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine if he revoked the licence in respect of salmon farming site (details supplied) as per section 69 (2) of the Fisheries Amended Act 1997, given that the site in question has not been stocked with salmon since 2004; if he did not revoke the licence, the reasons for this; and if he will make a statement on the matter. [34040/13]
Amharc ar fhreagra206. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine if he will confirm when he was informed of the decision of the licensee of the salmon farming site (details supplied) to reopen this site; if he is aware that the licensee has recently moved equipment onto the site in question; and if he will make a statement on the matter. [34041/13]
Amharc ar fhreagra207. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine if he is aware when the licensee of the salmon farming site (details supplied) intends to stock this site; if it is the licensee's intention to keep salmon of the same generation or different generation from fish that are grown in the neighbouring site. [34042/13]
Amharc ar fhreagraI propose to take Questions Nos. 203 to 207, inclusive, together.
Fees in respect of aquaculture licences are payable in accordance with the provisions of the 1997 Fisheries (Amendment) Act. My Department takes a pro-active approach in respect of the collection of fees. It would not be appropriate for me to comment on any particular case in view of the commercial sensitivities that may be involved. My Department received an application for the renewal of the licence in question on 7 February, 2011. The renewal application is currently under consideration in accordance with the provisions of the 1997 Fisheries (Amendment) Act and relevant EU legislation.
My Department has put in place a scheduled system of integrated inspections of all aspects of aquaculture operations. This is designed to further enhance monitoring and regulatory standards, practices and procedures. This detailed process includes the status of the sites by reference to Section 69 (2) of the 1997 Fisheries (Amendment) Act. This process is ongoing in the case of the site referred to by the Deputy. My Department has been advised by the Marine Institute that fish were moved by the operator into the site referred to by the Deputy, between 10 June 2013 and 21 June, 2013. This fish movement was authorised by the Marine Institute in accordance with the European Communities (Health of Aquaculture Animals and Products) Regulations 2008, S.I. No. 261 of 2008, as amended by S.I. No. 389 of 2010 and S.I. No. 430 of 2011.
208. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding the planting of forestry in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [34067/13]
Amharc ar fhreagraThe decision on this case is still pending. However, it is anticipated that a decision on the case will issue to the person named before the end of this month.
209. Deputy Andrew Doyle asked the Minister for Agriculture, Food and the Marine the steps he is taking to monitor the agricultural elements of the EU-Canada trade deal that is currently being negotiated; if officials from his Department are currently involved in the discussions; and if he will make a statement on the matter. [34070/13]
Amharc ar fhreagraI and my Department have been very proactive in presenting Ireland’s offensive and defensive interests in the agriculture elements of the EU/Canada (CETA) negotiations and in monitoring the progress of the negotiations in relation to agriculture. My officials have had several meetings with the Commission, including a meeting with the Director General for DG Trade, and have also written to both the Director Generals of DG Agri and DG Trade. I have written to both Commissioners Ciolos and de Gucht in relation to Ireland’s defensive and offensive concerns. I raised this issue in the Agriculture Council in January this year with Commissioner Ciolos. Furthermore, the Taoiseach also raised our concerns over Beef market access with President Barroso when he visited Ireland in January. Minister Bruton, who leads on our trade negotiations, has also raised our concerns in relation to the agriculture sector with Commissioner de Gucht.
As the Deputy may be aware, the EU Commission and DG Trade in particular have competence in trade negotiations and take the lead role in these negotiations on behalf of member states which are not present at the actual negotiations. The negotiations cover all areas, including non agriculture market access, services, procurement, intellectual property, etc. These negotiations are ongoing and the full details of the negotiations will not be available until final agreement has been reached. Within these negotiations, Ireland’s has sought an agreement that is comprehensive and balanced and one that delivers real trade and economic potential for our economy and the EU.
