Written Answers Nos. 62-79
62. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current and or expected residency status and permission to remain in the case of a person (details supplied); and if she will make a statement on the matter. [12484/17]
Amharc ar fhreagraI 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), written representations have been submitted on behalf of the persons concerned.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.
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.
63. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Questions Nos. 45 and 46 of 2 March 2017, if she will provide each legislative proposal listed which underwent a regulatory impact assessment and that was subsequently published, in tabular form; and if she will make a statement on the matter. [12674/17]
Amharc ar fhreagraFurther to parliamentary question numbers 45 and 46 of 2 March 2017, the information requested by the Deputy is provided in the following table. I would like to draw the Deputy's attention to the addition of the Tailte Eireann Bill to the list which was inadvertently excluded from my previous reply.
The Regulatory Impact Assessment in respect of the Judicial Appointments Bill will be published following its consideration by Government.
|
Name of Legislation |
|
Equality/Disability (Miscellaneous Provisions) Bill |
|
Paternity Leave Bill |
|
International Protection Bill |
|
Tailte Éireann Bill |
|
Criminal Justice (Victims of Crime) Bill 2016 |
|
Courts (No. 2) Bill 2016 |
|
Bail (Amendment) Bill 2016 |
|
Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2014 |
|
International Protection Bill 2015 |
|
Marriage Bill 2015 (enacted as Marriage Act 2015) |
|
Criminal Justice (Burglary of Dwellings) Bill 2015 |
|
Children and Family Relationships Bill 2015 (enacted as the Children and Family Relationships Act 2015) |
|
Personal Insolvency (Amendment) Bill 2014 |
|
Court of Appeal Bill 2014 |
|
Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013 |
|
Fines (Payment and Recovery) Bill 2013 |
|
Assisted Decision Making (Capacity) Bill 2013 (enacted as Assisted Decision Making (Capacity) Act 2015) |
|
Courts Bill 2013 (later the Courts and Civil Law (Miscellaneous Provisions) Bill 2013 |
|
Criminal Justice (Money Laundering & Terrorist Financing) (Amendment) Bill 2013 – (later the Criminal Justice Act 2013) |
|
National Vetting Bureau (Children and Vulnerable Persons) Bill 2012 |
|
Criminal Justice (Search Warrants) Bill 2012 |
|
Criminal Justice (Spent Convictions) Bill 2012 |
|
Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Adults) Bill 2012 |
|
Criminal Justice Bill 2011 |
|
Criminal Justice (Community Service) (Amendment) (No. 2) Bill 2011 |
|
Legal Services Regulation Bill 2011 |
64. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 42 of 26 January 2017, if the person (details supplied) can receive an extension to the time to renew their stamp 4; and if she will make a statement on the matter. [12698/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted temporary permission to remain in the State in 2001. This permission was renewed on a regular basis with the latest permission expiring on 6 February 2016. On 28 February, 2017, representations were received from the Deputy on behalf of the person concerned. The application for renewal of residency is being considered and INIS will be in contact shortly concerning this matter.
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 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 the INIS is, in the Deputy's view, inadequate or too long awaited.
65. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 59 of 9 February 2017, if stamp 4 will issue in order that the person (details supplied) can continue in their employment; and if she will make a statement on the matter. [12699/17]
Amharc ar fhreagraThe position regarding the person's permission to reside, and their application for naturalisation, is as stated in my response to the Deputy's Parliamentary Question 59 of 9 February 2017.
The records show that the person's permission to reside expired on 21 February 2017. All non-EEA nationals are required to keep their permission to remain in the State up to date at all times and failure to do so may adversely affect an application for a certificate of naturalisation. It is open to the individual concerned to apply to the Irish Naturalisation and Immigration Service (INIS) of my Department to have his permission renewed.
The processing of an application for a certificate of naturalisation from the person concerned is ongoing with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence are satisfied.
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.
66. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality futher to Parliamentary Question No. 90 of 16 February 2017, the most appropriate procedure to make an application for and regularise residency in the case of a person (details supplied); and if she will make a statement on the matter. [12700/17]
Amharc ar fhreagraI refer to my response to Parliamentary Question Number 90 of 16 February 2017.
As previously advised, it is illegal under the Immigration Act 2004, for this person 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 Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.
As this person is illegal in the State, it is incumbent on them to present themselves to their local Immigration Officer.
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 Parliamentary Question 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.
67. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 45 of 19 January 2017, if the person (details supplied) will be granted stamp 4 status with a view to allowing them to remain self sufficient; and if she will make a statement on the matter. [12701/17]
Amharc ar fhreagraI refer to my response to Parliamentary Question Number 45 of 19 January 2017. I can advise the Deputy that I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the situation has not changed since that date. As previously stated, no further application has been received in my Department from this person.
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 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 Parliamentary Question 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.
68. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 101 of 17 November 2016, if the application for citizenship has progressed in the interim in respect of a person (details supplied); and if she will make a statement on the matter. [12702/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person concerned is under consideration and has not yet reached a conclusion but I understand however that the case is due to be submitted for decision in the near future.
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.
69. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure to be followed by persons (details supplied) to regularise a residency position; and if she will make a statement on the matter. [12703/17]
Amharc ar fhreagraI 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), written representations have been submitted on behalf of the persons concerned.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3(6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.
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.
70. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure to be followed to regularise residency in the case of a person (details supplied); if alternative procedures might be followed in view of the extreme difficulty in obtaining information from that jurisdiction; and if she will make a statement on the matter. [12704/17]
Amharc ar fhreagraI refer the Deputy to the reply given to his recent Parliamentary Question No. 106 of Thursday 23rd February 2017. The status of the person concerned is as set out in that reply.
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 25th May 2011.
Representations were received from the persons' legal representative pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. Those representations are currently being considered and a further decision will be made in due course. 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.
71. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if the case of a person (details supplied) will be re-examined; and if she will make a statement on the matter. [12705/17]
Amharc ar fhreagraI 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 30 September 2016. This Order requires the person concerned to remove themselves from the State and remain outside the State.
However, if new information or circumstances have come to light, which have a direct bearing on their case, and which have arisen since the original Deportation Order was made, there remains the option of a request that I use my discretion, pursuant to Section 3(11) of the Immigration Act 1999 (as amended) to revoke the Deportation Order. However, I wish to make clear that such a request would require substantial grounds to be successful. In the mean-time, the Deportation Order remains valid and in place. The enforcement of the Deportation Order remains 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.
72. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the position regarding an application for leave to remain in the case of a person (details supplied); and if she will make a statement on the matter. [12706/17]
Amharc ar fhreagraI 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), written representations have been submitted on behalf of the person concerned.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.
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.
73. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality when renewal of a visa in the case of a person (details supplied) is likely to be approved; and if she will make a statement on the matter. [12708/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned, a named dependant in their parent's case, has had their permission to remain in the State renewed for a further three year period, effective from 4th November, 2015 to 4th November, 2018. This decision was conveyed in writing to the parent of the person concerned by registered post dated 27th October, 2015. The person concerned was a named dependant in that decision letter. That position continues to obtain.
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.
74. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if a passport in respect of a person (details supplied) was retained by the Irish Naturalisation and Immigration Service at Rosslare in 2014; if the document is due to be returned or if a new application is required; and if she will make a statement on the matter. [12710/17]
Amharc ar fhreagraThe matter raised by the Deputy is an operational matter for An Garda Síochána. I understand that the matter concerns the holder of an Irish passport on which there has been contact between An Garda Síochána and the Passport Office. It would be inappropriate for me to comment any further.
75. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the position regarding residency in the case of a person (details supplied); and if she will make a statement on the matter. [12713/17]
Amharc ar fhreagraI 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), written representations have been submitted on behalf of the person concerned.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3(6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.
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.
77. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality the number of deportation orders signed each month for the past 12 months; and if she will make a statement on the matter. [12764/17]
Amharc ar fhreagraThe statutory criteria which must be considered in relation to a decision to make a deportation order under section 3(6) of the Immigration Act 1999 include national security and public policy, the character and conduct of the person concerned and the common good. In determining whether to make a deportation order, in addition to the factors set out in Section 3(6) of the Immigration Act 1999, I must also consider all relevant constitutional and international human rights arising, including those enshrined in the Refugee Convention, the UN Convention Against Torture and the European Charter of Human Rights. The question of not returning a person to a place where certain fundamental rights would be breached (or non refoulement as it is commonly referred to) is fully considered in every case when deciding whether or not to make a deportation order. This involves consideration of whether returning the person would result in the life or freedom of that person being threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion, or whether the person would be subjected to torture or to inhuman or degrading treatment or punishment.
A deportation order requires the person concerned to remove themselves from the State and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law. The process leading to deportation is extensive with many avenues of appeal, including judicial review in the High Court, open to persons subject to deportation orders. Where persons have been identified as a threat to national security by An Garda Síochána, it remains open to me to make deportation orders against such persons and I have done so in the past and will continue to do so where appropriate.
I am informed by the Irish Naturalisation and Immigration Service of my Department that the information sought by the Deputy is as set out in the following table:
|
Month |
DOs Signed |
|
March 2016 |
30 |
|
April 2016 |
91 |
|
May 2016 |
115 |
|
June 2016 |
90 |
|
July 2016 |
184 |
|
August 2016 |
63 |
|
September 2016 |
153 |
|
October 2016 |
101 |
|
November 2016 |
158 |
|
December 2016 |
92 |
|
January 2017 |
61 |
|
February 2017 |
53 |
78. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality if she has received any correspondence from a person (details supplied) in connection with costs for a court case; and if she will make a statement on the matter. [12765/17]
Amharc ar fhreagraThere is no record in my Department of any correspondence in relation to the specific matter raised by the Deputy.
79. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the number of freedom of information requests received by her Department that the Chief State Solicitor's Office has incurred expenses on dealing with for each of the past three years and to date in 2017; and the amount of fees for counsel and other legal costs incurred respectively, for each of the past three years and to date in 2017. [12779/17]
Amharc ar fhreagraThe Chief State Solicitor's Office has not been involved in processing FoI requests which have been submitted to my Department, for the timeframe specified.
