Written Answers Nos. 187-196
187. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the means whereby regularisation of residency status can be achieved in the case of persons (details supplied) in County Galway; and if he will make a statement on the matter. [15921/14]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy would appear to have remained and worked here without the appropriate permission. This is 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. Furthermore, 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.
The persons concerned should immediately contact their local Garda Immigration Officer. A non EEA national who does not have a valid work permit and works in the State would be in breach of the Employment Permits Acts 2003 and 2006. Indeed both an employee and the employer would be in breach of these Acts if a non EEA national is employed without the appropriate employment permit.
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.
188. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or potential residency status in respect of leave to remain and-or eligibility for naturalisation in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [15922/14]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is currently registered in the State under Stamp 4 conditions granted to her on the basis of her marriage to an Irish national. This permission is valid until 5 February 2015 and is renewable directly with their local immigration officer shortly before its expiry date.
Detailed information surrounding any possible entitlement to Irish Citizenship through the Naturalisation process in respect of the person concerned can be obtained from the INIS website at "www.inis.gov.ie". It remains open to the person concerned to make an application for Irish Citizenship under the naturalisation process should they consider that they meet the requirements for same.
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. 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 email service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
189. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 206 of 13 February 2014, if an application has been made for update of stamp 4 or naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [15923/14]
Amharc ar fhreagraAs the Deputy has been previously advised, if the person concerned has made an application for asylum or subsidiary protection, the position is that it is not the practice to comment on such applications for so long as they remain in the asylum or protection processes.
I can advise the Deputy, however, that I am informed by the Irish Naturalisation and Immigration Service of my Department that the person concerned has applied for a right of residency in the State, accompanied by a right to work, based on his parentage of an Irish born minor citizen child, and based also on the principles of the Zambrano Judgment. This application is under consideration at present. When consideration of this application has been completed, and a decision arrived at, the person concerned will be notified in writing.
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.
190. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status and-or eligibility for consideration for naturalisation in the case of persons (details supplied) in County Dublin; and if he will make a statement on the matter. [15924/14]
Amharc ar fhreagraI am informed that the second named person referred to by the Deputy has permission to remain in the State until 6th December, 2014. This decision was conveyed to him by letter dated 12th December, 2011. There is no record of an application for a certificate of naturalisation from the persons referred to in the Deputy's question. It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. In the absence of more specific details, it is not possible to provide information on their children.
As the Deputy is aware, if the persons concerned have made applications for asylum or subsidiary protection, the position is that it is not the practice to comment on such applications for so long as they are in the protection process.
191. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the reason registration of renewal of permission to remain on foot of stamp 4 status has been refused in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [15925/14]
Amharc ar fhreagraI refer the Deputy to my reply to parliamentary Question No. 147 of 14 November, 2013 which is set out at the end of the reply to this question.
I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the additional documentation referred to in my earlier reply was received from the person concerned on 19 March, 2014, on foot of a further request for the documentation by letter dated 22 January, 2014. A positive decision letter was issued to the applicant on 25 March, 2014. My officials in INIS will undertake a review of his case in light of his registration difficulties, and will be in touch with him in this regard shortly.
Reply to Parliamentary Question No. 147 of 14 November, 2013
The person concerned was granted temporary permission to remain in the State in 2000 under the arrangements then applicable to the non-EEA national parents of Irish born citizen children. This permission was renewed on a regular basis until 2010. The person concerned applied to the Garda National Immigration Bureau (GNIB) to have his permission renewed prior to December 2010. His request was not processed due to concerns regarding his being part of a family unit. However, following consideration and receipt of all requested documentation from the person concerned, my officials granted him a further period of twelve months permission to remain in the State from 9 May, 2012.
The person concerned wrote to the Irish Naturalisation and Immigration Service (INIS) of my Department in April, 2013 to seek further permission to remain in the State. He was requested to provide up to date documentation regarding his family situation and finances by letter dated 22 May, 2013. Some documentation was supplied by the person concerned but it was not considered sufficient. Further documentation regarding the family situation of the person concerned was requested by letter dated 23 July, 2013. To date this additional documentation has not been received. Upon receipt of the appropriate documentation, the case of the person concerned will be examined by the relevant officials in the INIS and a decision communicated to him in due course.
A valid application for a certificate of naturalisation has been received from the person concerned. As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour 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. I am informed that this application is now at an advanced stage of processing and will be submitted to me for decision 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.
192. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if an alternative can be found to obtain an Angolan passport in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [15926/14]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service of my Department that the person concerned was granted permission to remain in the State for a three year period to 15th October, 2016. This decision was conveyed in writing to the person concerned by letter dated 15th October, 2013. That communication advised them of the requirement that to 'register' at their local Immigration Registration Office, in accordance with the provisions of Section 9 (2) (a) of the Immigration Act 2004.
Responsibility for the registration process referred to is vested in the Garda National Immigration Bureau. As a result, in the event that the person concerned cannot, in spite of their best efforts, obtain a national passport, I am advised that they should present to their local Immigration Registration Office documentary evidence of the formal efforts they have made to obtain such a document and that the matter will need to be resolved between the person concerned and their local Immigration Registration Office.
193. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding determination of residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [15927/14]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned arrived in the State on 12 June 2008, and applied for asylum on 13 June 2008. This application was refused on 30 April 2010.
The person concerned applied for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations 2006, Statutory Instrument No. 518 of 2006 on 18 May 2010, on which date also submitted representations against the making of a Deportation Order in this case, pursuant to Section 3 of the Immigration Act, 1999. The person concerned was notified, per letter dated 6 April 2011, that it was determined that he was not eligible for Subsidiary Protection.
Judicial Review proceedings were brought by the applicant, challenging the aforementioned determination, leave being granted in the High Court on 4 July 2011. Judgment in these proceedings was delivered on 23 March 2012, dismissing the application.
A Deportation Order was signed in respect of the person concerned on 18 April 2013, and he was informed of same on 26 April 2013. Further Judicial Review proceedings were initiated on 14 May 2013, challenging the decision to make a Deportation Order in respect of this person, and accordingly, as this matter is sub judice, it would not be appropriate for me 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.
194. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in examination of the background of the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [15928/14]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned arrived in the State on the 28 September, 2009 and claimed asylum. They were informed that a declaration of refugee status had been refused on 25 January, 2010. On the 25 August, 2010 the Ministerial Decisions Unit of INIS informed the applicant that it was proposed to make a Deportation Order in respect of him. They were also informed of the three options open to them including the right to make leave to remain representations, also included was a Subsidiary Protection application form. This letter was returned marked 'gone away' on the 26 August 2010.
A Subsidiary Protection application and representations pursuant to Section 3 of the Immigration Act 1999 were made on behalf of the applicant by the Refugee Legal Services on the 9 September 2010. The applicant was informed that their application for Subsidiary Protection was refused on 8 August 2011 and were informed on 30 August 2011 that it had been decided to make a Deportation Order against them. Judicial Review proceedings challenging both of these decision were brought before the High Court on 24 September 2011 and are currently ongoing. As the matter is therefore sub judice I do not propose to comment further.
A take back request was received from the United Kingdom authorities in relation to the person concerned on 26 November 2012. Ireland agreed to the take back request on 18 December 2012. On 22 March 2013 the United Kingdom authorities informed the Department that it was not possible to transfer the person concerned as the applicant has taken Judicial Review proceedings against the decision to transfer them back to Ireland and as a result the transfer has been suspended pending the outcome of these Judicial Review proceedings.
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 Ciarán Lynch asked the Minister for Defence the duration of the merchant agreement whereby payment by debit or credit card is accepted for services provided by his Department or bodies under the aegis of his Department to the public; when the term of the agreement will end; if the merchant agreement is awarded by way of tender; and if he will make a statement on the matter. [15735/14]
Amharc ar fhreagraThere are no services currently provided by my Department where payment is made by debit or credit card.
196. Deputy Seán Ó Fearghaíl asked the Minister for Defence with regard to his previous statement that there is a broad consensus that the subsequent organisational changes have brought significant improvements to the Permanent Defence Force, the study that has taken place to underpin such a statement. [15765/14]
Amharc ar fhreagraAs I outlined in my answer to the Deputy's Parliamentary Question on 25th March, 2014, there is broad consensus that the organisational changes in the Permanent Defence Force (PDF) have brought about significant improvements in the deployability and sustainability of the Defence Forces, while maintaining an all-arms versatile force both at home and overseas. Substantial change and reorganisation has been successfully carried out by the Defence Forces in the last three years. I am advised by the military authorities that the organisational changes have brought significant operational improvements to the PDF, thus ensuring that the Defence Forces organisational structures are configured to maximise capabilities. As such, the restructuring from a three to two Brigade structure, along with the closure of four barracks, removed the burden imposed by manning and maintaining unnecessary installations and freed up more personnel for operational front line duties. Larger formations allow for improved delivery of services and the continued maintenance of services required by Government.
Since my appointment as Minister for Defence I have visited barracks regularly as the opportunities presented themselves. I am very impressed by the quality and professionalism of the military personnel that I have met and how the men and women of the Defence Forces have risen to the challenge of change of modernisation. While no study has been completed, from my own experiences and engagement with Officers and Enlisted Personnel on the ground, both at home and on overseas missions, I am satisfied that the organisational changes in the Permanent Defence Force have brought positive improvements in terms of the deployability and sustainability of the PDF, while maintaining an all-arms versatile force both at home and overseas.
