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Thursday, 9 Nov 2017

Written Answers Nos. 117-128

Leave to Remain

Ceisteanna (117)

Bernard Durkan

Ceist:

117. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Question No. 127 of 19 October 2017, if the matter will be investigated with a view to clarification; and if he will make a statement on the matter. [47564/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the renewal decision letter of the person concerned advised the person concerned of the requirement that they apply for further renewal of their permission to remain, two weeks before their existing permission expired, to their Local District Headquarters. The person concerned had their permission to remain renewed for a further year to the 05 July 2018 at their Local District Headquarters.

As previously stated, responsibility for the registration process referred to is vested in 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.

Immigration Status

Ceisteanna (118)

Bernard Durkan

Ceist:

118. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a submission in respect of a wish to require residency status has been received in the relevant section of his Department from a person (details supplied); if further initiative is required on that person's part to expedite the process; and if he will make a statement on the matter. [47565/17]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that it is not possible to identify the person referred to by the Deputy due to the lack of detail provided.  If the Deputy can provide further details such as the person's full name (if different from that already provided), their Person ID number, their GNIB Registration Number, a Passport number, and if possible a date when they submitted the request in question, I will have the matter investigated further.

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.

Immigration Status

Ceisteanna (119)

Bernard Durkan

Ceist:

119. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when an appointment will be facilitated in order to update a stamp 4 permission in the case of a person (details supplied); and if he will make a statement on the matter. [47566/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that registration and renewal of immigration permissions for the greater Dublin area is carried out at its Burgh Quay Offices. To ensure customers do not have to queue for services, an online appointment booking system has been put in place. 

Appointments are released Monday – Friday at 10am for dates, 8 weeks in the future. A small number of near-term appointments are also released each afternoon at 2:30pm.  INIS advises applicants to book an appointment up to ten weeks before their permission expires. Applicants who have not secured an appointment before the expiry of their permission should check the website at 2:30pm daily to secure an early appointment.

It is recognised that genuine emergency situations can arise and in that regard INIS has in place procedures to deal with these on a case-by-case basis.  Enquiries in this regard should be addressed to burghquayregoffice@justice.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.

Naturalisation Applications

Ceisteanna (120)

Bernard Durkan

Ceist:

120. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a person (details supplied) can have their case for naturalisation progressed, notwithstanding their inability to obtain a national passport from their homeland, which has already been explained; and if he will make a statement on the matter. [47567/17]

Amharc ar fhreagra

Freagraí scríofa

I 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 referred to by the Deputy is on-going, with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence, are satisfied.  On completion of the necessary processing the application will be submitted to me for decision as expeditiously as possible.

Persons making an application for a certificate of naturalisation are required to provide satisfactory evidence of their identity and nationality. This is usually in the form of a currently valid passport and may include other original supporting documents, such as a previously held or out of date passport, birth certificate and marriage certificate.  In rare circumstances where an applicant cannot produce their current passport, or a previous passport, birth certificate or other supporting documents the applicant will be required to provide a full explanation.  Such explanation should, where possible, be supported by satisfactory evidence that they have attempted to obtain such documentation and correspondence from the relevant authorities or embassy responsible for the issuing of passports and birth certificates in their country, clearly stating the reasons the documentation cannot be provided.  INIS will consider the explanation given and, if satisfied it is for reasons genuinely beyond the applicant's control, may suggest alternative means to the person to assist in establishing their identity and nationality.

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. 

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 (121)

Bernard Durkan

Ceist:

121. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when a conclusion will be reached in the determination of eligibility for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [47568/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of a current application for a certificate of naturalisation from the person referred to by the Deputy.  A previous application was refused, for reasons provided to the person concerned in a letter issued on 17 November 2014 advising of the decision.

It is open to any individual to lodge an application for a certificate of naturalisation 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.  The fact that a person may have had an application refused does not preclude or disqualify them from submitting a fresh application in the future.  Indeed, the letter advising an applicant of a negative decision also informs them that they may re-apply for the grant of a certificate of naturalisation at any time.  The letter advises that, when considering making such a re-application, they should give due regard to the reasons for the refusal which were contained in the submission attached to the refusal letter and that any further application will be considered, taking into account all statutory and administrative conditions applicable at the time of application.

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. 

Family Reunification Applications

Ceisteanna (122)

Bernard Durkan

Ceist:

122. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the expected status in respect of naturalisation or leave to remain in the case of a person (details supplied); and if he will make a statement on the matter. [47569/17]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for family reunification was received in November 2016 in respect of the person concerned. The application is currently being processed.  Applications for family reunification are dealt with in strict chronological order to ensure fairness to all applicants.

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. 

Visa Applications

Ceisteanna (123)

Bernard Durkan

Ceist:

123. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when a person's (details supplied) residency visa will be renewed; and if he will make a statement on the matter. [47570/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it is not possible to identify the person referred to by the Deputy due to the lack of detail provided. If the Deputy can provide further details such as the person's full name (if different from that already provided), their date of birth, their Person ID number, their GNIB Registration Number, a Passport number, and if possible a date when they submitted their request, I will have the matter investigated further.

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.

Immigration Status

Ceisteanna (124)

Bernard Durkan

Ceist:

124. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a submission by a person (details supplied) will be considered; and if he will make a statement on the matter. [47572/17]

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 person concerned has submitted written representations.

The position in the State of the person concerned will now be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and all other applicable legislation.  All representations submitted will be fully considered 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.

Immigration Status

Ceisteanna (125)

Bernard Durkan

Ceist:

125. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [47575/17]

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 12 November 2008, following the refusal of the international protection claim made by the person concerned and the detailed consideration of their case under Section 3 of the Immigration Act 1999 (as amended). That Order remains valid and in place.

Representations were received from the person concerned requesting that the Deportation Order be revoked, pursuant to the provisions of section 3(11) of the Immigration Act 1999 (as amended).  Following the consideration of that request, a decision was taken in August 2016 that the Deportation Order should be 'affirmed' and this decision was communicated to the person concerned by registered post dated 04 August 2016.

The Deputy might wish to note that the effect of a Deportation Order is that the person named on the Order is legally obliged to leave the State and to remain out of the State. The enforcement of the Deportation Order in this case is now an operational 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.

Leave to Remain

Ceisteanna (126)

Bernard Durkan

Ceist:

126. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Question No. 336 of 20 September 2017, if compassionate consideration will be given to offering leave to remain or an extension of residency status in the case of persons (details supplied); and if he will make a statement on the matter. [47576/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons concerned are a husband and wife who are the subject of deportation orders made on 11 March 2005.

Both persons were deported from the State on 04 June 2006, however, according to information received from their legal representatives, they returned to this State the year after they were deported.

Representations were received on behalf of the persons concerned requesting that the deportation orders be revoked, pursuant to the provisions of section 3(11) of the Immigration Act 1999 (as amended). This request will be considered as soon as possible. The Deputy might wish to note that the decision to ensue from the consideration of this request will be to have the existing deportation orders 'affirmed' or 'revoked'. Once such a decision has been made, this decision will be notified in writing.  In the meantime, the deportation orders remain valid and in place.  

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 (127)

Bernard Durkan

Ceist:

127. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if consideration will be given to granting naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [47577/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application for a certificate of naturalisation from the person referred to by the Deputy.  A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.

It is open to any individual to lodge an application for a certificate of naturalisation 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, which governs the granting of Irish citizenship through naturalisation.

Detailed information on Irish citizenship and naturalisation, as well as the relevant application forms, is available on the INIS website at www.inis.gov.ie.  The website also contains guidance on the completion of an application for naturalisation and an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the statutory residency requirements are met.

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 (128)

Bernard Durkan

Ceist:

128. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of eligibility for naturalisation or long-term residency in the case of a person (details supplied); and if he will make a statement on the matter. [47578/17]

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), 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.  

The position in relation to the immigration status of Long Term Residency is that, at the date of application, a person applying for such status must have been legally resident in the State for over five years (60 months) on the basis of work permit, work authorisation or working visa conditions and, as such, must have Stamp 1 or Stamp 4 endorsements on their passport during such periods. Given that the person concerned has no current right of residency in the State, they would clearly not be in a position to meet the lawful residency criteria applicable to persons applying to my Department for Long Term Residency status.

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.

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