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Thursday, 14 Dec 2017

Written Answers Nos. 213-218

Naturalisation Applications

Ceisteanna (213)

Bernard Durkan

Ceist:

213. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 121 of 30 November 2017, if on the basis of current circumstances a person (details supplied) is likely to be eligible for consideration for naturalisation in the near future; and if he will make a statement on the matter. [53926/17]

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 persons 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.

Leave to Remain

Ceisteanna (214)

Bernard Durkan

Ceist:

214. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if consideration will be given to an application for stamp 4 leave to remain in the case of a person (details supplied); and if he will make a statement on the matter. [53928/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that they have received a request for permission to remain in the State from the person concerned.

However, this case is among a number of cases which are currently being held by my Department pending the outcome of the appeal to the Supreme Court of the Court of Appeal judgment in Luximon v. Minister for Justice and Equality which was heard in the Supreme Court on 30 November 2017. A decision will issue in this case when the matters before the Courts have been finalised.

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 (215)

Bernard Durkan

Ceist:

215. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will consider on humanitarian grounds the serious health condition of a person (details supplied) in relation to their case; and if he will make a statement on the matter. [53931/17]

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 11 March 2005.

The person was deported from the State on 04 June 2006, however, according to information received from her legal representatives, she returned to this State the year after she was 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.

Immigration Status

Ceisteanna (216)

Bernard Durkan

Ceist:

216. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when consideration on humanitarian, compassionate and human rights grounds will be given in the case of a person (details supplied); if their case will be urgently reviewed in view of the circumstances with a view to granting residency status; and if he will make a statement on the matter. [53933/17]

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.

Residency Permits

Ceisteanna (217)

Bernard Durkan

Ceist:

217. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 97 of 28 September 2017, the current and-or expected entitlement to temporary or permanent residency in the case of a person (details supplied); and if he will make a statement on the matter. [53934/17]

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.

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.

Question No. 218 answered with Question No. 195.
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