Dáil Éireann Debate, Thursday - 16 January 2014
244. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position regarding entitlement to stamp 4 - long-term residency stamps and eligibility for naturalisation - in the case of a person (details supplied) in County Cork under the Zambrano judgment or otherwise; and if he will make a statement on the matter. [2132/14]
Amharc ar fhreagraIrish Naturalisation and Immigration Service records show that the person concerned, a failed asylum applicant, lodged an application for subsidiary protection. In that regard, the Deputy might wish to note that I recently signed into law the European Union (Subsidiary Protection) Regulations 2013. These new Regulations, which came into effect on 14th November, 2013, provide for the determination of subsidiary protection applications by the Office of the Refugee Applications Commissioner at first instance, and on appeal, by the Refugee Appeals Tribunal. Both of these Offices are statutorily independent in the exercise of their functions and it is not the practice to comment on these applications while they are under investigation by the statutory bodies. In the event that the application for subsidiary protection is refused, the case of the person concerned will then move on to the Section 3/Leave to remain stage of the process.
The person concerned has also submitted a separate application for leave to remain in the State based on the principles of the Zambrano judgment. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.
Given that the person concerned has no current right of residency in the State, other than an entitlement to remain in the State until his asylum and protection claims have been determined, the issue of eligibility for Long-Term Residency or a Certificate of Naturalisation does not arise at this time.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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.
