Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Thursday, 19 Apr 2018

Written Answers Nos. 181-191

Legislative Reviews

Ceisteanna (181)

Anne Rabbitte

Ceist:

181. Deputy Anne Rabbitte asked the Minister for Justice and Equality his plans to review Part 11 or Part 13 of the Criminal Justice Act 2006 in relation to extending anti-social behaviour orders to social media usage; and if he will make a statement on the matter. [17291/18]

Amharc ar fhreagra

Freagraí scríofa

The Law Reform Commission published a report on Harmful Communications and Digital Safety in September 2016.

The Report has two main elements. One part focuses on digital safety and proposes the establishment of an office of Digital Safety Commissioner. The other part of the report addresses the criminal law aspects of harmful communications on the internet and other platforms.

I am analysing the Law Reform Commission’s Report, and proposals in relation to harassment and harmful communications currently before the Dáil, with a view to the enactment of legislation to give effect to the criminal law aspects of the Law Reform Commission's report.

As such, I have no plans to review Part 11 or Part 13 of the Criminal Justice Act 2006 to extend anti-social behaviour orders to social media usage.

Anti-Social Behaviour

Ceisteanna (182, 183, 184)

Anne Rabbitte

Ceist:

182. Deputy Anne Rabbitte asked the Minister for Justice and Equality the number of juvenile good behaviour contracts issued in each of the years 2007 to 2017 and to date in 2018; and if he will make a statement on the matter. [17292/18]

Amharc ar fhreagra

Anne Rabbitte

Ceist:

183. Deputy Anne Rabbitte asked the Minister for Justice and Equality the number of juvenile anti-social behaviour orders issued in each of the years 2007 to 2017 and to date in 2018, under Part 13 of the Criminal Justice Act 2006; and if he will make a statement on the matter. [17293/18]

Amharc ar fhreagra

Anne Rabbitte

Ceist:

184. Deputy Anne Rabbitte asked the Minister for Justice and Equality the number of anti-social behaviour orders issued in each of the years 2007 to 2017 and to date in 2018, under Part 11 of the Criminal Justice Act 2006; and if he will make a statement on the matter. [17294/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 182 to 184, inclusive, together.

It has not been possible to answer this question in the time available. I will provide further information to the Deputy in due course.

Residency Permits

Ceisteanna (185)

Bernard Durkan

Ceist:

185. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for residency in the case of a person (details supplied); and if he will make a statement on the matter. [17362/18]

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.

Naturalisation Applications

Ceisteanna (186)

Bernard Durkan

Ceist:

186. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for citizenship in the case of a person (details supplied); and if he will make a statement on the matter. [17363/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation from the person referred to by the Deputy was refused for reasons provided to the person concerned in a letter issued on 26 November 2015 advising of the decision. There is no record of a new application for a certificate of naturalisation having been submitted to date. 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. 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.

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 I know the Deputy will appreciate that 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 (187)

Bernard Durkan

Ceist:

187. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if all stamp 4 residency credits have been awarded and applied in the case of a person (details supplied); and if he will make a statement on the matter. [17364/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation was received from the person referred to by the Deputy on 18 December 2017. Processing of this application is on-going, with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence, are satisfied.

A letter issued to the person concerned on 21 December 2017 requesting certain documentation with a reminder letter issued on 5 January 2018. Upon receipt of the requested information, the case will be further processed and will be submitted to me for decision as expeditiously as possible.

The records indicate that the person's permission to reside in the State expired on 21 July 2016. All non-EEA nationals are required to keep their permission to remain in the State up to date at all times, and to have such permission registered. Failure to do so may adversely affect an application for a certificate of naturalisation.

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.

Immigration Status

Ceisteanna (188)

Bernard Durkan

Ceist:

188. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if stamp 4 will be awarded in the case of a person (details supplied); and if he will make a statement on the matter. [17365/18]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to my previous response to Parliamentary Question No. 120 of 22 February 2018 which, despite a variation in the last name, appears to relate to the same person.

In my previous response to the Deputy I advised that the person concerned should engage with the immigration service. It does appear that they did attend their local immigration office on 25 March 2018 where they were granted temporary permission on Stamp 3 conditions up to 11 June 2018.

In my previous response the person concerned was also advised that in order to allow a full examination of their circumstances they should write to Unit 2, Residence Division, Irish Naturalisation and Immigration Service and supply the requested list of documentation and information. I am informed by INIS, that as of to date, Unit 2, Residence Division has no record of the person writing to them.

Can I reiterate that, in order to allow for a full examination of the person's circumstances, the person concerned be advised again to write directly to Unit 2, Residence Division, Irish Naturalisation and Immigration Service, 13-14 Burgh Quay, Dublin 2 supplying the following information and documentation in relation to themselves, their spouse, and any children that might be currently residing in the State.

1. Full copy (all pages) of current and previous passport/s

2. Copy of all GNIB card/s

3. Copy of marriage certificate (if applicable)

4. Brief outline of their history in the State to include when and where they entered the State as well as a brief outline of their current and family circumstances.

5. Their current address.

6. Copy of birth cert for any dependent children.

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 (189)

Bernard Durkan

Ceist:

189. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status in the case of a person (details supplied); and if he will make a statement on the matter. [17366/18]

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 residence permission and a right to work based on their parentage of an Irish citizen child. A decision letter issued to this person on 22 February 2018.

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 (190)

Bernard Durkan

Ceist:

190. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status and eligibility for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [17367/18]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person in question was granted a right of residency in the State in 2001 on the basis of family reunification i.e. as a family member of a recognised refugee. The person's current residency status is under consideration and he will be contacted in due course in this regard.

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. Detailed information on naturalisation, including the relevant application forms and guidelines, is available on the INIS website at www.inis.gov.ie.

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 (191)

Bernard Durkan

Ceist:

191. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [17370/18]

Amharc ar fhreagra

Freagraí scríofa

As I informed the Deputy in PQ 16866 of 18/4/2018, 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. On completion of the necessary processing the application 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.

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.

Barr
Roinn