Tuesday, 18 Sep 2018

Written Answers Nos. 315-339

Garda Deployment

Ceisteanna (315)

Eamon Ryan

Ceist:

315. Deputy Eamon Ryan asked the Minister for Justice and Equality the number of community Garda sergeant positions vacant across the country; and if he will make a statement on the matter. [37654/18]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy will appreciate, the distribution of personnel is a matter for the Garda Commissioner and I, as Minister have no direct role in the matter. I am assured by the Commissioner that Garda personnel assigned throughout the country, together with overall policing arrangements and operational strategies, are continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda Resources and the best possible Garda service is provided to the general public.

Community policing is at the heart of An Garda Síochána. It provides a means of recognising that every community – both urban and rural – has its own concerns and expectations. That is why it is important to recognise that the role of a community Garda is not a specialist role in An Garda Síochána; rather it is the case that all Gardaí have a role to play in community policing in carrying out their duties. The official categorisation as a Community Garda simply refers to those who are exclusively assigned to building relationships with local communities and civil society including giving talks to schools, community groups and others. It is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to him or her having regard to the profile of the area and its specific needs.

Appointments to the rank of Sergeant are a matter for the Commissioner under section 14 of the Garda Síochána Act 2005.

I am further advised by the Commissioner that there is currently a competition in train for promotion to the rank of Sergeant with the aim of bringing the strength to 2,000 as agreed under the Employment Control Framework. I am assured by the Commissioner that following completion of these competitions the needs of all Garda Units including the Divisional Community Gardaí Units will be fully considered when determining the allocation of successful candidates from this competiton.

For the Deputy's information I have set out in the link in tabular form the number of Community Garda by Rank in each Division as on 31 July 2018, the latest date for which figures are currently available, as supplied by the Garda Commissioner.

For more general information on Garda Facts and Figures please see the link: http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures

Garda by Rank

Road Traffic Offences Data

Ceisteanna (316)

Eamon Ryan

Ceist:

316. Deputy Eamon Ryan asked the Minister for Justice and Equality the number of fixed-penalty notices issued for speeding in the Dublin Port tunnel in each of the past three years; and if he will make a statement on the matter. [37658/18]

Freagraí scríofa

Minister for Justice and Equality

I have requested a report from An Garda Síochána in relation to the statistics sought by the Deputy and I will be in contact with the Deputy directly on receipt of this report.

A deferred reply was forwarded to the Deputy under Standing Order 42A

Prisoner Data

Ceisteanna (317)

Eamon Ryan

Ceist:

317. Deputy Eamon Ryan asked the Minister for Justice and Equality the number of prisoners in jail continuously for a period of more than 25 years; and if he will make a statement on the matter. [37661/18]

Freagraí scríofa

Minister for Justice and Equality

I am advised by my officials in the Irish Prison Service that there are 24 prisoners who are currently in custody who sentence start date was more than 25 years ago. Of these individuals 3 prisoners have been continuously in custody over the 25 years, with the exception of hospital/court visits. The remaining 21 prisoners who are currently in custody, have benefitted from various periods of temporary release at different stages of their respective sentences.

Naturalisation Applications

Ceisteanna (318)

Bernard Durkan

Ceist:

318. 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. [37662/18]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation has been received from the person referred to by the Deputy. This application has entered the final stage of processing. A letter has issued to the person concerned requesting them to submit the prescribed certificate fee and other documents. When the fee and documentation have been received and subject to no adverse information arising in the meantime, an invitation will be issued to attend a citizenship ceremony at which the person concerned will make a declaration of fidelity to the Irish Nation and loyalty to the State and receive her certificate of naturalisation.

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 INIS is, in the Deputy’s view, inadequate or too long awaited.

Residency Permits

Ceisteanna (319)

Bernard Durkan

Ceist:

319. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which progress is anticipated in the processing of the case for long-term residency in the case of persons (details supplied); if they will be offered a work permit as a first step; and if he will make a statement on the matter. [37728/18]

Freagraí scríofa

Minister for Justice and Equality

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 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.

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.

Asylum Applications

Ceisteanna (320)

Bernard Durkan

Ceist:

320. 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. [37729/18]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy is aware, if an application for asylum or subsidiary protection has been made in the State, for confidentiality reasons it is not the practice to comment on such applications and the applicant or his legal representative should contact either the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate.

The IPO may be contacted either by email to [e-mail], by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2. The International Protection Appeals Tribunal may be contacted either by email to [e-mail], by telephone at 01-4748400 (or Lo-Call 1890 201 458), or in writing to Corporate Services Division, The International Protection Appeals Tribunal, 6-7 Hanover Street East, Dublin D02 W320.

Following the commencement of the International Protection Act 2015 on 31 December 2016, new arrangements for the investigation and determination of applications for international protection (refugee status and subsidiary protection) and cases involving permission to remain in the State have been introduced. Such applications are now processed, as part of a single application procedure, by the International Protection Office (IPO) which has replaced the Office of the Refugee Applications Commissioner (ORAC) from that date. The staff of that Office (the Chief International Protection Officer and International Protection Officers) are independent in the performance of their protection functions.

For your information, on 27 February 2017, the Chief International Protection Officer, following consultation with the United Nations High Commissioner for Refugees (UNHCR), published a statement on the Prioritisation of Applications under the International Protection Act 2015 which is available on the website of the International Protection Office (www.ipo.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.

Deportation Orders

Ceisteanna (321)

Bernard Durkan

Ceist:

321. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a proposal to deport will be set aside in the case of persons (details supplied); and if he will make a statement on the matter. [37731/18]

Freagraí scríofa

Minister for Justice and Equality

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 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.

Immigration Status

Ceisteanna (322)

Bernard Durkan

Ceist:

322. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected position in regard to extended residency or stamp 4 in the case of a person (details supplied); and if he will make a statement on the matter. [37732/18]

Freagraí scríofa

Minister for Justice and Equality

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 27 May 2009 and therefore has no entitlement to residency in the State.

Representations were received on behalf of 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). 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 order ‘affirmed’ or ‘revoked’. Once such a decision has been made, this decision will be notified in writing. In the meantime, the deportation order remains 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 (323)

Bernard Durkan

Ceist:

323. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when stamp 4 or extended residency will issue in the case of a person (details supplied); and if he will make a statement on the matter. [37733/18]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned made an application for permission to reside in the State based on marriage to an Irish national on 30 November 2016. I understand that the application was closed on 13 October 2017 due to lack of information from the applicant.

I am further informed that the person concerned made a subsequent application for permission to reside on 27 October 2017. I understand that INIS wrote to the person concerned on 14 September 2018 informing them that it granted permission to reside in the State for one year on Stamp 4 conditions.

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.

Asylum Applications

Ceisteanna (324)

Bernard Durkan

Ceist:

324. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of eligibility for long-term residency or stamp 4 in the case of a person (details supplied); and if he will make a statement on the matter. [37734/18]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy is aware, if an application for asylum or subsidiary protection has been made in the State, for confidentiality reasons it is not the practice to comment on such applications and the applicant or his legal representative should contact either the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate.

The IPO may be contacted either by email to [e-mail], by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2. The International Protection Appeals Tribunal may be contacted either by email to [e-mail], by telephone at 01-4748400 (or Lo-Call 1890 201 458), or in writing to Corporate Services Division, The International Protection Appeals Tribunal, 6-7 Hanover Street East, Dublin D02 W320.

Following the commencement of the International Protection Act 2015 on 31 December 2016, new arrangements for the investigation and determination of applications for international protection (refugee status and subsidiary protection) and cases involving permission to remain in the State have been introduced. Such applications are now processed, as part of a single application procedure, by the International Protection Office (IPO) which has replaced the Office of the Refugee Applications Commissioner (ORAC) from that date. The staff of that Office (the Chief International Protection Officer and International Protection Officers) are independent in the performance of their protection functions.

For your information, on 27 February 2017, the Chief International Protection Officer, following consultation with the United Nations High Commissioner for Refugees (UNHCR), published a statement on the Prioritisation of Applications under the International Protection Act 2015 which is available on the website of the International Protection Office (www.ipo.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.

Immigration Status

Ceisteanna (325)

Bernard Durkan

Ceist:

325. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position in regard to extended residency or stamp 4 in the case of persons (details supplied); and if he will make a statement on the matter. [37735/18]

Freagraí scríofa

Minister for Justice and Equality

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 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.

Immigration Status

Ceisteanna (326)

Bernard Durkan

Ceist:

326. 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. [37738/18]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for residency, accompanied by a right to work, was received on 23 February 2018 from the person concerned based on their parentage of an Irish citizen child.

The Deputy will appreciate that applications are dealt with in chronological order. I understand that the application is under consideration and INIS will be in contact with the person concerned, in writing, in due course.

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. 327 answered with Question No. 260.

Deportation Orders

Ceisteanna (328)

Bernard Durkan

Ceist:

328. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which progress has taken place in the case of a person (details supplied); if the matter will be expedited with a view to meeting their concerns and request for stamp 4; and if he will make a statement on the matter. [37743/18]

Freagraí scríofa

Minister for Justice and Equality

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 16th December, 2010. While that Order remains valid and in place, I am advised that the person concerned has sought to be re-admitted to the international protection process. A decision has been made on that request and that decision was recently communicated by letter. The person concerned should proceed without delay to act in accordance with the direction given in that communication.

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 (329)

Bernard Durkan

Ceist:

329. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a deportation order in the case of a person (details supplied) will be deferred; and if he will make a statement on the matter. [37746/18]

Freagraí scríofa

Minister for Justice and Equality

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 concerned was deported from the State on 12 September 2018. The effect of the deportation order is that person concerned must remain outside the State.

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. 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 longer awaited.

Immigration Status

Ceisteanna (330)

Bernard Durkan

Ceist:

330. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for permission to remain on the basis of parentage of an Irish citizen child in the case of a person (details supplied); and if he will make a statement on the matter. [37756/18]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned made an application for a right to residency accompanied by a right to work based on their parentage of an Irish citizen child on 15 June 2018.

I am also advised that INIS wrote to the person concerned on 25 July 2018 seeking further information and clarification, however, INIS has no record of a response. I am informed that INIS will consider the application further upon receipt of a response from the individual concerned.

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.

Garda Data

Ceisteanna (331)

Catherine Martin

Ceist:

331. Deputy Catherine Martin asked the Minister for Justice and Equality the statistics An Garda Síochána hold that were obtained from the red light running cameras in Dublin city at the junction of Benburb Street and Blackhall Place; the number of days and the dates on which the cameras were in operation; the number of vehicles found to be breaking the red lights; the number of prosecutions initiated; the number of successful prosecutions; the fines paid; and if he will make a statement on the matter. [37769/18]

Freagraí scríofa

Minister for Justice and Equality

I have requested a report from An Garda Síochána in relation to the statistics requested by the Deputy and I will forward these statistics directly to the Deputy on receipt of a Garda report. Insofar as statistics relating to the number of successful prosecutions and fines paid are concerned, I have requested a report from the Courts Service and, again, I will write to the Deputy on receipt of a response from the Courts Service.

Garda Equipment

Ceisteanna (332)

Catherine Martin

Ceist:

332. Deputy Catherine Martin asked the Minister for Justice and Equality his plans for the installation of further red light running cameras in Dublin city. [37770/18]

Freagraí scríofa

Minister for Justice and Equality

I hope the Deputy will appreciate that, insofar as the Deputy's question relates to operational matters for An Garda Síochána, these are matters for the Garda Commissioner, in which I have no role as Minister.

However, the Deputy will recall from my response to her Question Number 264 of 26 June 2018, that I am advised by An Garda Síochána that responsibility for the matters raised in the Deputy's question is jointly held by Dublin City Council and the National Transport Authority, in which I also have no role as Minister for Justice and Equality, beyond providing the necessary authorisation under the Road Traffic Act 2010. The role of An Garda Síochána in relation to these matters is to perform its statutory function in prosecuting offenders identified by devices of the kind the Deputy describes.

The Deputy will also recall from my earlier response that I was advised at that time by An Garda Síochána that it was not aware of current plans by any local authority to introduce such devices at any other locations. However, to be of assistance, I have requested an updated report from An Garda Síochána on this matter and I will be in contact with the Deputy directly on receipt of this report.

Immigration Status

Ceisteanna (333)

Bernard Durkan

Ceist:

333. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the reason stamp 4 has not been renewed in the case of a person (details supplied); and if he will make a statement on the matter. [37777/18]

Freagraí scríofa

Minister for Justice and Equality

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted permission to remain in the State as an exceptional measure on an individual and personal basis on 13 July 2015.

This permission is subject to a number of conditions including that the person concerned does not become a burden on the State and must be in a position to show evidence of employment or self-sufficiency when renewing their immigration permission. Information available shows that the person concerned has been in receipt of Jobseekers Allowance since October 2017. On 18 July 2018 the individual attended their local registration office where the request to renew their permission was refused as the individual was unable to show that they met the criteria outlined in the permission.

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 (334)

Bernard Durkan

Ceist:

334. 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. [37778/18]

Freagraí scríofa

Minister for Justice and Equality

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 not 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. If any representations are submitted, they will be considered before a final decision is 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.

Immigration Status

Ceisteanna (335)

Bernard Durkan

Ceist:

335. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a review of eligibility for residency status can be undertaken in the case of a person (details supplied); and if he will make a statement on the matter. [37779/18]

Freagraí scríofa

Minister for Justice and Equality

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the information provided by the Deputy is not sufficient to establish the correct identity of the individual concerned in order to provide a response on the matter.

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 (336)

Bernard Durkan

Ceist:

336. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when stamp 4 will be renewed in the case of a person (details supplied); and if he will make a statement on the matter. [37781/18]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted permission to remain in the State, on a stamp 4 basis, on 01 August, 2014. This permission was subsequently renewed with the latest permission granted up to 31 July, 2018. It is open to the person concerned to contact their local registration office for a further renewal period, as outlined in their decision letter. Attendance is by appointment only. Appointments can be made via the INIS website. To make an appointment go to https://burghquayregistrationoffice.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 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 was of the 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.

Immigration Status

Ceisteanna (337)

Bernard Durkan

Ceist:

337. 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. [37782/18]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy is aware, if an application for asylum or subsidiary protection has been made in the State, for confidentiality reasons it is not the practice to comment on such applications and the applicant or his legal representative should contact either the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate.

The IPO may be contacted either by email to [e-mail], by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2. The International Protection Appeals Tribunal may be contacted either by email to [e-mail] , by telephone at 01-4748400 (or Lo-Call 1890 201 458), or in writing to Corporate Services Division, The International Protection Appeals Tribunal, 6-7 Hanover Street East, Dublin D02 W320.

Following the commencement of the International Protection Act 2015 on 31 December 2016, new arrangements for the investigation and determination of applications for international protection (refugee status and subsidiary protection) and cases involving permission to remain in the State have been introduced. Such applications are now processed, as part of a single application procedure, by the International Protection Office (IPO) which has replaced the Office of the Refugee Applications Commissioner (ORAC) from that date. The staff of that Office (the Chief International Protection Officer and International Protection Officers) are independent in the performance of their protection functions.

For your information, on 27 February 2017, the Chief International Protection Officer, following consultation with the United Nations High Commissioner for Refugees (UNHCR), published a statement on the Prioritisation of Applications under the International Protection Act 2015 which is available on the website of the International Protection Office (www.ipo.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.

Garda Operations

Ceisteanna (338)

Peter Burke

Ceist:

338. Deputy Peter Burke asked the Minister for Justice and Equality if a report on the involvement of members of An Garda Síochána in an incident (details supplied) will be sought; and if he will make a statement on the matter. [37792/18]

Freagraí scríofa

Minister for Justice and Equality

I understand that the Deputy is referring to the protest that took place on North Frederick Street on 11 September 2018.

As the Deputy will be aware, the removal of individuals from property is not conducted by An Garda Síochána. In this instance I am advised by the Garda authorities that a removal was conducted on behalf of the property’s owner who had obtained an injunction order from the High Court directing people who had been occupying the premises to vacate it. The action was taken by a private firm acting for the owner of the premises on foot of this High Court Order.

The law and procedures governing the execution of Court Orders are contained in the Enforcement of Court Orders Acts and the Rules of Court made thereunder and any dispute in relation to the enforcement of a Court Order is solely a matter for the Courts.

Operational issues are a matter for An Garda Síochána and I am informed that the role of the Gardaí who were in attendance at the scene that evening was to uphold the law in facilitating the High Court order being carried out safely, to ensure public order and to facilitate peaceful protest. I understand that Community Gardaí were deployed, and later based on the situation on the ground, supported by a Garda Public Order Unit, to allow the High Court order to be enforced, keep the peace and facilitate a public protest.

While I understand the discomfort at seeing Gardaí working with their faces covered – and the Garda Commissioner has made a statement on this issue - we must be conscious also of the difficulties the Gardaí face in managing protests and enforcing the law, including racial abuse and online threats and intimidation that came to light at the weekend. Such threats are utterly unacceptable and are, rightly, being investigated. The Gardaí, who work on our behalf, need support from the public not abuse and intimidation.

I know that everyone in this House will agree that the right to protest is a fundamental one in any democracy, and one which must be protected and facilitated. However, we must not lose sight of the fact that the Gardaí involved were enforcing the law.

The Garda Commissioner has made a statement in relation to the protest and I understand he has requested a report from the Assistant Commissioner, Dublin Metropolitan Region (DMR), to see what lessons can be learned from the event. I also note that the Policing Authority will be discussing this matter with An Garda Síochána. I have asked the Garda authorities to bring any additional relevant information to my attention.

Student Visas Administration

Ceisteanna (339)

Michael Healy-Rae

Ceist:

339. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if a series of matters (details supplied) relating to an Argentinian person staying here longer than 90 days will be examined; and if he will make a statement on the matter. [37797/18]

Freagraí scríofa

Minister for Justice and Equality

As set out in the visa section of the Irish Naturalisation and Immigration Service (INIS) website, Argentinian nationals do not require a visa to enter Ireland as a tourist for up to 90 days. The 90 day tourist visa waiver starts from the date of entry to the State of the Argentinian national, regardless of residence or visa permissions held in other countries. While in the State for tourism purposes, third country nationals (i.e. persons who are not nationals of an EU/EEA country or Switzerland) do not have permission to work, including employment as a nanny or au pair.

A Working Holiday Authorisation is in place between Ireland and Argentina. This scheme is administered by the Department of Foreign Affairs and Trade. If all of the criteria is met, Argentinian nationals can work in Ireland for up to one year. Applications for the Working Holiday Authorisation cannot be made from within the Irish State. Further details on this scheme, including application opening times and deadlines, can be found on the Department of Foreign Affairs and Trade website.

The Interim List of Eligible Programmes (ILEP) governs the list of third level and English language-courses that third country nationals can receive an immigration permission for. The length and content of English language courses vary according to individual providers. Third country nationals undertaking an English language course on the ILEP can reside in Ireland for a maximum of two years, and can work for twenty hours during term time, and full time during designated holiday periods. Further details on the student permission can be found on the INIS website.

In exceptional circumstances, persons in the State for 90 days for the purposes of tourism can have their permission extended on a case-by-case basis. Extension beyond the 90 day tourist permission is given in exceptional humanitarian circumstances (e.g. serious illness). Any third country national residing in Ireland for longer than 90 days is legally obliged to register with their local immigration authority (INIS in Dublin, GNIB outside of Dublin), regardless of why they are in the State.

I would refer the Deputy to the Irish Naturalisation and Immigration Service website, where detailed information on the various immigration permissions offered by the State is available. 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.