Seanad debates

Thursday, 26 April 2007

 

Citizenship Applications.

4:00 pm

Photo of David NorrisDavid Norris (Independent)

This is a serious matter and I am glad that the Minister of State who heard my opinions on the Criminal Justice Bill is here because I made the point that this is all of a piece with the situation wherein a citizen of this country, presumed innocent, can be brought before a court and, effectively, jailed for seven days on the word of a garda who is immune from cross-examination and does not have to reveal his or her reasons.

I am involved in a case concerning a young man who is here in the House. I wish the Minister for Justice, Equality and Law Reform, Deputy McDowell, were here so I could point out that this is the person of whom he has such an extraordinary and irrational fear. The man is a friend of mine and my partner, Tevfik. My attention was brought to the fact that a difficulty had ensued when he applied for naturalisation. If the Minister's response is not completely favourable, I propose to pursue this matter through the courts because an extraordinarily dangerous precedent has been set.

The young man in question is a respectable professional from Algeria in north Africa. He is an architect by profession and his brother, his brother's wife and her family live here. Having been accepted as an asylum seeker, he has been legitimately in the country as a refugee for a considerable number of years. After the statutory period of years elapsed, he applied for naturalisation and a decision was made by an assistant principal in the Department of Justice, Equality and Law Reform to refuse the application. In the documentation sent to him he was informed he could appeal the decision and when considering making a re-application he should "give due regard to the reasons for refusal given in the attached submission". The document was signed by Joan Brown from the citizenship section. In other words, he could appeal the decision but ought to include the reasons for the refusal. Naturally, he requested details of the reasons for the refusal but, astonishingly, his request was refused. He pursued the matter under the Freedom of Information Act and was again refused.

I wonder what country we are living in. This is Kafkaesque. If a person who is a resident of the country is such a danger, why was it considered appropriate that he be given refugee status? I have pursued the cavalier refusal to grant his application as much as I could and was more or less warned off the case. It was indicated to me that I did not want to know but I do want to know, as does the gentleman in question. I have asked him at every stage of this process whether there is any matter, including of a criminal nature, in his background of which he is ashamed or if he has any links to so-called Islamic terrorist groups. He has assured me again and again that this is not the case. His only crime that I can determine is that he is from a Muslim background. He has told me he wants to know of what he is accused in order that he can defend his good name and reputation. I wonder what has been put into the system and what is the reason for the refusal of the citizenship application.

This case is reminiscent of a series of other cases dating back to the Dreyfus case and constitutes a clear breach of natural justice. I assume there has been a mistake but it is not one for which the gentleman in question should pay. If the Minister can produce a scrap of evidence, I demand he place it before the House. My informant, the person in question, has indicated to me that he is happy to answer any questions. Let us get to the bottom of this case and ascertain what black mark there is against him. Let us see if he can explain it because I believe he can. If he cannot do so, that is a different matter.

I believe a serious, fundamental matter of human rights is once again being broached today. I seriously distrust the professionalism of those engaged in the relevant section of the Department. I receive complaint after complaint about it and it is simply not good enough. I await with interest the Minister of State's response. I shall, with my informant's consent and encouragement, take this matter further if it is not satisfactorily resolved today.

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