Written answers

Thursday, 2 May 2013

Department of Justice and Equality

Citizenship Applications

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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186. To ask the Minister for Justice and Equality the position regarding long term residency/eligibility for naturalisation and entitlement to an Irish passport in respect of a child (details supplied) in Dublin 5; and if he will make a statement on the matter. [21055/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The mother of the child concerned has been granted leave to remain in the State for the period to 5 May 2015. This decision was conveyed in writing to the person concerned by letter dated 5 May 2012. The position in the State of the child of the person concerned will shortly be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the mother of the child concerned. It will be open to the person concerned to apply to the Citizenship Section of my Department for a Certificate of Naturalisation when she is in a position to meet the lawful residency criteria applicable to the lodgement of such applications. Details on the criteria to be met by persons lodging such applications are available from my Department's Website (www.justice.ie).

The Deputy should note that responsibility for the issuing of passports is vested in the Irish Passport Office, a business unit of the Department of Foreign Affairs and Trade. As a result, the persons concerned, or indeed the Deputy on their behalf, may wish to pursue that matter with the Irish Passport Office or indeed with the Offices of the Tánaiste and Minister for Foreign Affairs. 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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187. To ask the Minister for Justice and Equality the position regarding determination of residency status eligibility for naturalisation in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [21056/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned claims to have arrived in the State in May 2005 with his EU national wife. He applied for residency in the State on the basis of his marriage to an EU national in or around June 2005. By letter dated 22 August 2005, the person was notified that he was granted residency in the State for an initial one year period on the basis of his marriage to an EU citizen who was exercising her EU Treaty rights in the State. The person applied for permanent residency in the State in or around December 2010. By letter dated 15 June 2011, he was refused permanent residency. He applied for a review of the decision by letter dated 22 August 2011. By letter dated 6 December 2011, the reapplication for permanent residency was refused and the decision of 15 June 2011 was confirmed. Judicial Review proceedings were instituted on 20 March 2012. As the matter is now sub judice, I do not propose to comment further.

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.

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