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Thursday, 10 Nov 2016

Written Answers Nos. 65-79

Naturalisation Applications

Ceisteanna (65)

Bernard Durkan

Ceist:

65. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality to set out the current or anticipated residency status and eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [34252/16]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned currently has permission to reside in the State until 7 August 2019. An application for naturalisation from the person concerned is currently being processed and the case will be submitted to me for decision as expeditiously as possible.

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.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

The Deputy may wish to note that 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 established specifically 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 (66)

Bernard Durkan

Ceist:

66. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality to outline the appropriate procedure to be followed to regularise residency status in the case of a person (details supplied); and if she will make a statement on the matter. [34253/16]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned entered the State on 25th May 2011.

I wish to advise the Deputy, however, that the Residence Division of INIS does not currently have any application for the person before them. Should they wish to regularise their position in the State, then the person concerned should make an application to the Residence Division of INIS setting out the details of their case. Information on application types, qualifying criteria, and required documentation are available on the INIS website.

It appears that the person concerned does not have permission to remain in the State, and they should be aware that it is illegal under the Immigration Act 2004 to reside in the State without permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable, under section 13 of the Immigration Act 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. As the person in question does not have immigration permission to remain in the State, they are not entitled to work.

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 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 Question process. The Deputy may consider using the e-mail service except in questions where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Residency Permits

Ceisteanna (67)

Bernard Durkan

Ceist:

67. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality to outline the procedure to be followed to achieve regularisation of residency status in the case of a person (details supplied); and if she will make a statement on the matter. [34254/16]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned entered the State on 8th December 2003.

I wish to advise the Deputy, however, that the Residence Division of INIS does not currently have any application for the person before them. Should they wish to regularise their position in the State, then the person concerned should make an application to the Residence Division of INIS setting out the details of their case. Information on application types, qualifying criteria, and required documentation are available on the INIS website.

It appears that the person concerned does not have permission to remain in the State, and they should be aware that it is illegal under the Immigration Act 2004 to reside in the State without permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable, under section 13 of the Immigration Act 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. As the person in question does not have immigration permission to remain in the State, they are not entitled to work.

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 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 Question process. The Deputy may consider using the e-mail service except in questions where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Residency Permits

Ceisteanna (68)

Bernard Durkan

Ceist:

68. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality to outline the procedure to be followed to regularise residency in the case of a person (details supplied); and if she will make a statement on the matter. [34255/16]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that they have no record of the person in question entering or residing in the State.

I wish to advise the Deputy, therefore, that the Residence Division of INIS does not currently have any application for the person before them. It appears that the person concerned does not have permission to remain in the State, and they should be aware that it is illegal under the Immigration Act 2004 to reside in the State without permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable, under section 13 of the Immigration Act 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. As the person in question does not have immigration permission to remain in the State, they are not entitled to work. Against this background, the person concerned should attend their local Garda National Immigration Bureau Office as soon as may be.

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 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 Question process. The Deputy may consider using the e-mail service except in questions where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Immigration Status

Ceisteanna (69)

Bernard Durkan

Ceist:

69. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 152 of 25 October 2016, if she will use her discretionary powers to re-examine the case of a person (details supplied) on humanitarian grounds; and if she will make a statement on the matter. [34256/16]

Amharc ar fhreagra

Freagraí scríofa

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned entered the State on 5th June 2011 and was registered as a student on Stamp 2 conditions between 22nd June 2011 and 8th August 2013 and has remained illegally in the State since this date.

On 27th July 2016, the person concerned made an application to INIS for permission to remain in the State. However, by letter dated 15th September 2016, they were informed by INIS that their application had been refused. They were informed at that time that although their adult son resided in the State on Stamp 4 permission, this did not confer on them any entitlement to permission to remain in the State. They were further advised that, as they had been residing in the State without permission since 8th August 2013, they were required to leave the State. Failing that, they were informed, they would be issued with a notification under Section 3(4) of the Immigration Act 1999 – an intention to deport notice.

By letter dated 12th October 2016, the person concerned wrote to INIS and requested that their case be considered under Section 3 of the Immigration Act 1999. As the first step in this process, the person concerned has, accordingly, been issued with a notification under Section 3(4) of the Immigration Act 1999. The Section 3 process will provide the person concerned with the opportunity to outline any concerns that they may have in respect of their personal, private, and family life. Such issues will be considered in full before a final decision is made in their case.

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.

Immigration Status

Ceisteanna (70)

Bernard Durkan

Ceist:

70. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 60 of 20 October 2016, if the case of a person (details supplied) will be considered; and if she will make a statement on the matter. [34257/16]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to the Reply given to his recent Parliamentary Question No. 60 of Thursday 20th October 2016. The status of the person concerned is as set out in that reply.

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order made on 23 December 2013 and therefore has no entitlement to residency in the State.

Representations were received from the person concerned pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.

The Deputy may wish to note that 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.

Deportation Orders

Ceisteanna (71)

Bernard Durkan

Ceist:

71. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will defer a deportation order in the case of persons (details supplied) in view of the fact that a further 15 days have been provided to facilitate further representations; and if she will make a statement on the matter. [34258/16]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the first-named person concerned has submitted written representations.

In accordance with the provisions of Section 3 of the Immigration Act 1999 the second-named person concerned was notified, by letter dated 25th October, 2016, that the Minister proposed to make a Deportation Order in respect of them. They were 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 they should not have a Deportation Order made against them.

The position in the State of the persons 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 fully considered in advance of a final decision being made.

The Deputy may wish to note that 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.

Deportation Orders

Ceisteanna (72)

Bernard Durkan

Ceist:

72. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will defer implementation of a deportation order in the case of a person (details supplied); and if she will make a statement on the matter. [34259/16]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order signed on 29 July 2016. This Order requires the person concerned to remove themselves from the State and remain outside the State. The enforcement of the Deportation Order is a matter for the Garda National Immigration Bureau.

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.

Naturalisation Applications

Ceisteanna (73)

Bernard Durkan

Ceist:

73. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will expedite the update of stamp 4 eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [34262/16]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied for a right of residency, accompanied by a right to work, based on their parentage of an Irish citizen child. The application was received in the relevant section of the INIS on 27 October, 2016. The Deputy will appreciate that applications are dealt with in chronological order. If further information or documentation is required, the person concerned will be contacted in writing by the relevant officials in my Department in due course.

The Deputy may wish to note that 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.

Deportation Orders

Ceisteanna (74)

Bernard Durkan

Ceist:

74. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if a stamp 4 update and permission to remain will issue in the case of a person (details supplied); and if she will make a statement on the matter. [34263/16]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order, made on 11th March 2005 following a comprehensive and thorough examination of their asylum claim and a detailed examination of the representations they submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).

The person concerned, through their legal representative, has made a request to have that Deportation Order revoked, based on the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). This request will be considered as soon as it is possible to do so. The Deputy might wish to note that the resulting decision will be to 'affirm' or to 'revoke' the existing Deportation Order.

The person concerned, again through their legal representative, has also sought to be re-admitted to the asylum/protection process, pursuant to the provisions of Section 17 (7) of the Refugee Act 1996 (as amended) and the initial decision in this regard is currently under review. Once a final decision has been arrived at, it will be notified in writing. The Deputy might wish to note that the resulting decision in this instance will be to readmit, or refuse to readmit, the person concerned to the asylum/protection process.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to the 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 might consider using the email service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Immigration Status

Ceisteanna (75)

Bernard Durkan

Ceist:

75. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if the case for residency leave to remain will be re-entered into the system to facilitate review of the case of a person (details supplied); and if she will make a statement on the matter. [34270/16]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order signed on 03 February 2010. This Order requires the person concerned to remove themselves from the State and remain outside the State. The enforcement of the Deportation Order is a matter for the Garda National Immigration Bureau.

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.

Residency Permits

Ceisteanna (76)

Bernard Durkan

Ceist:

76. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will facilitate the issue of stamp 4 in the case of a person (details supplied); and if she will make a statement on the matter. [34272/16]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has, to date, not made an application for residency based on being the dependant of an Irish citizen. If she wishes to make such application she may do so by writing to the Family Dependant Unit, Residence Division Unit 5, PO Box 12695, Dublin 2. The Family Dependant Unit will advise her of the requirements for same.

The Deputy may wish to note 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. 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.

Departmental Properties

Ceisteanna (77)

Billy Kelleher

Ceist:

77. Deputy Billy Kelleher asked the Tánaiste and Minister for Justice and Equality whether a property (details supplied) is owned by a section of her Department or agencies under its auspices; if so, the plans for the property; if it is to be used by former prisoners as a half-way house; the timeline for same; and if she will make a statement on the matter. [34286/16]

Amharc ar fhreagra

Freagraí scríofa

There is no record of the property in question having ever been owned by my Department and so there are no plans to use it in relation to former prisoners.

Garda Strength

Ceisteanna (78)

Jim O'Callaghan

Ceist:

78. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality to set out in tabular form the number of Garda reserves in each Garda division. [34300/16]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including Garda Reserves, among the various Garda Divisions, and I as Minister have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources. The number of Garda Reserves in each Division on 30 September 2016, the latest date for which figures are readily available, was as set out in the following table.

Garda Reserves 31/09/2016

Division:

Total:

DMR South Central

51

DMR North Central

45

DMR NORTH

52

DMR EAST

16

DMR SOUTH

31

DMR WEST

35

Waterford

26

Wexford

25

Tipperary

24

Kilkenny/Carlow

27

Cork City

53

Cork North

17

Cork West

13

Kerry

25

Limerick

42

Donegal

22

Cavan/Monaghan

14

Sligo/Leitrim

24

Louth

33

Clare

7

Mayo

25

Galway

36

Roscommon/Longford

11

Westmeath

14

Meath

22

Kildare

23

Laois/Offaly

22

Wicklow

21

TOTAL

756

Question No. 79 answered with Question No. 63.
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