Written answers
Tuesday, 9 December 2008
Department of Justice, Equality and Law Reform
Departmental Applications
10:00 pm
Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 291: To ask the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 119 of 7 November 2007, the position regarding waiting times; the steps taken to address such delays; and if he will make a statement on the matter. [45284/08]
Dermot Ahern (Louth, Fianna Fail)
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The applications which my Department receives are diverse in nature and the processing time frames vary considerably according to the nature and circumstances of the scheme in question. In all instances, however, processing arrangements are kept under ongoing review and steps are taken to reduce waiting times where this is feasible having regard to available resources and overall priorities. Significant changes are underway, for example, in the Irish Naturalisation and Immigration Service, which is developing a new Information Technology System which will considerably improve application times in this area. My Department has also reduced waiting times already in a number of other areas. A comprehensive update of the various processing and waiting times is contained in following tabular statement.
| Type of application | Average waiting time to process each application | Steps being taken to speed up processing time |
| Request made under the Data Protection Acts, 1988 and 2003 | Dealt with within the statutory time frames | N/A |
| Freedom of Information Act | Dealt with within the statutory time frames | N/A |
| Applications by prisoners to serve their sentences in their own jurisdiction under the Transfer of Sentenced Persons Acts 1995-1997 | Applications take approximately 15 months to process | Ongoing liaison with the various parties involved in the process |
| Applications received by the Central Authority for Maintenance Recovery for the recovery abroad of maintenance under the UN Convention | 1-2 working days | N/A |
| Applications received by the Central Authority for Child Abduction under the Hague and Luxembourg Conventions and the Brussels II bis Regulation | 1-2 working days | N/A |
| Applications from non-resident bookmakers for new Certificates of Personal Fitness | 7-10 weeks | The waiting times and procedures are kept under regular review |
| Applications from non-resident bookmakers for renewals of Certificates of Personal Fitness | 2-3 weeks | The waiting times and procedures are kept under regular review |
| Applications made under the Garda Síochána (Compensation) Acts 1941 and 1945/High Court applications | Information on an average waiting time is not readily available. It would be difficult to calculate a meaningful average given the variations in the processing of each case. | Legislative proposals are currently being developed for reform of the system |
| Applications for payment of fees and costs under the Criminal Legal Aid Schemes | 2-3 weeks — calculated on the basis of receipt in the Department of properly completed and certified applications | Procedures are being kept under review |
| Application to import firearms & ammunition in accordance with Section 17 of the Firearms Act 1925 | 5 to 10 working days | Processing time is satisfactory |
| Application for Prior Consent to transfer of firearms & ammunition in accordance with section 6(1) of S.I. 362 of 1993 (European Communities, Acquisition and Possession of Weapons and Ammunition Regulations, 1993) | 5 to 10 working days | Processing time is satisfactory |
| Application to register as a firearms dealer in accordance with Section 9 of the Firearms Act 1925 | Depends on the ability of the applicant to meet certain statutory requirements | N/A |
| Application for Export Licence for firearms and ammunition in accordance with section 6(1) of S.I. 362 of 1993 (European Communities, Acquisition and Possession of Weapons and Ammunition Regulations, 1993) | 5 to 10 working days | Processing time is satisfactory |
| Applications to import Explosives as set out in Article 9 of Directive 93/15/EEC | 3-4 weeks | |
| Applications to import Explosives not subject to S.I. 115 of 1995 (European Communities Placing on the Market and Supervision of Explosives for Civil Uses) | 3-4 weeks | |
| Applications for a licence to import fireworks in accordance with the Explosives Act 1875 | 3-4 weeks | |
| Applications for a licence to manufacture an Ammonium Nitrate Mixture as specified in the Ammonium Nitrate Mixtures Exemption Order, 1997 | 3-4 weeks | |
| Applications for an explosives magazine or factory licence in accordance with Section 6 of the Explosives Act 1875 | See note in right hand column | |
| Applications for a certificate of naturalisation | The average processing time from application to decision for all applications is currently 23 months | All the procedures involved in processing such applications have been developed and refined over a number of years. These procedures are necessary to maintain the integrity of the naturalisation process. Consequently, having regard to the resources available, which are kept under constant review, there is a limit to the reduction in the processing time that can be achieved. |
| Applications for temporary leave to remain in the State under Section 3 of the Immigration Act 1999, as amended | Each application is decided on its own merits. The huge number of applications and the complexity of the issues to be considered preclude the stating of a time frame for completion of applications. | Development of a new IT system. A common system throughout the Irish Naturalisation and Immigration Service will increase productivity and assist decision making.Additional staff have been assigned to the Irish Naturalisation and Immigration Service. |
| Renewal of temporary leave to remain in the State under Section 3 of the Immigration Act 1999, as amended | 4-6 weeks | Additional staff have been assigned to the area.Development of a new IT system. |
| Applications for revocation of Deportation Orders under Section 3 of the Immigration Act 1999, as amended | 1-2 weeks | Time scale is appropriate to the decision and process involved. |
| Applications for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations | Each application is decided on its own merits. The huge number of applications and the complexity of the issues to be considered preclude the stating of a time frame for completion of applications. | Additional staff have been assigned to the area.Training has been provided for staff in-house and by the UNHCR in Dublin.Development of a new IT system. |
| Applications in accordance with Section 4(2) of the European Communities (Eligibility for Protection) Regulations for admittance into the Subsidiary Protection process | 4-6 weeks | Time scale is appropriate to the decision and process involved. |
| Applications for readmittance to the asylum process under Section 17(7) of the Refugee Act 1996, as amended | 4 weeks (assuming all relevant information is available) | Time scale is appropriate to the decision and process involved. |
| Visas | At present 4-6 weeks for applications referred to Dublin for consideration. Applications are also processed in the overseas Visa offices in London, Moscow, Beijing, New Delhi, Cairo and Abuja. On average, the waiting time for such applications would be two weeks. | Visa processing times have reduced significantly in recent years, due to the deployment of additional resources to visa processing and the establishment of the overseas Visa Offices. A computerised visa tracking system (AVATS) is being rolled out at present which will further improve the efficiency of visa applications processing and will include an on-line application facility |
| Re-entry visas | Applications for re-entry visas can be processed while the applicant waits at the Public Office of the Irish Naturalisation and Immigration Service. Applications by post are processed, on average, within four working days. | Time scale is appropriate to the decision and process involved |
| EU Treaty Rights — Applications for residence by non-EEA family members of EU or EEA citizens. EU Directive 2004/38/EC and SI 656/2006 refers. | 6 months (EU law requires that applications be processed within 6 months) | Additional staff were assigned to the area. |
| Business Permission — Applications from non-EEA nationals for permission to reside in the State for the purposes of establishing and operating a commercial business. | 6 -8 months to process from receipt at Irish Naturalisation and Immigration Service. | |
| Travel Documents — 1951 Convention Travel Document — issued to persons granted a declaration of Refugee status in the State under section 17(1) Refugee Act 1996 and Programme Refugees.Temporary Travel Document -may issue in specific emergency circumstances. | 2-8 months to process from receipt at Irish Naturalisation and Immigration Service | |
| Foreign Adoption -Immigration Clearance letter issued in respect of approved (by the Irish Adoption Board) Foreign Adoption | Processed within 5 working days of receipt at Irish Naturalisation and Immigration Service. | |
| Irish Born Child pre-2003 — Family Dependents — Applications made by non-EEA nationals granted residence under pre-2003 conditions for residence in the State for specified minor family dependents. | 1-2 months to process from receipt at Irish Naturalisation and Immigration Service. | |
| Change of Status: Non-EEA national granted a particular permission to remain in the State and seeking an alternative residency status in the State | 23 months | |
| Non-EEA national in relationship with Irish/non-EEA national and seeking permission to remain in the State on that basis | 18 months | |
| Non-EEA national previously granted permission to study seeking extension of Student Conditions | 23 months | |
| Non-EEA national previously granted permission to remain in the State as a visitor seeking extension of those conditions | 23 months | |
| Non-EEA national previously granted permission to remain in the State on work permit conditions seeking extension of those conditions | 6 months | |
| Persons admitted to the State for various reasons and subsequently seeking permission to remain for medical treatment | 18 months | |
| Persons admitted to the State for various reasons and subsequently seeking permission to remain as a Temporary Registered Doctor | 18 months | |
| Turkish nationals seeking permission to remain in the State pursuant to the Turkish Association Agreement | 18 months | |
| Non-EEA nationals who have completed 60 months legal residency in the State on work permit/work visa/work authorisation conditions and now seeking permission to remain under the administrative Long Term Residency scheme | 22 months | |
| Persons granted refugee status in the State seeking Family Re-unification for other family members | Approximately 24 months |
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