Written answers

Thursday, 20 May 2010

Department of Justice, Equality and Law Reform

Residency Permits

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 126: To ask the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Kildare has stamp four residency status without the necessity of a work permit in view of the fact that they have worked in this country from 2001 to 2008 at which time they were made redundant; and if he will make a statement on the matter. [21272/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 25 June 2001. He was given permission to remain in the State until 2 June 2009 and has remained in the State since that date without permission.

In accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 18 May 2010, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of submitting written representations to the Minister setting out the reasons why a Deportation Order should not be made against him.

The 15 working day period referred to in my Department's letter of 18 May 2010 expires on 11 June 2010. It is open to the person concerned to make representations within that period. In any event, the case of the person concerned will not be further processed until the 15 working day period referred to has elapsed.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 127: To ask the Minister for Justice, Equality and Law Reform if status of residency allows persons (details supplied) in Dublin 9 to work or study whether they qualify for citizenship on the basis of residency here; and if he will make a statement on the matter. [21288/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The persons concerned claimed asylum in this State on 2 July 2001 and had their claims examined by the Office of the Refugee Applications Commissioner who recommended that the persons concerned should be recognised as refugees.

Based on this recommendation the persons concerned were issued with formal declarations of refugee status by letters dated 29 July 2002. This communication also advised the persons concerned of their rights and entitlements accompanying refugee status in the State. The persons concerned continue to hold the status of refugees in the State.

Valid applications for certificates of naturalisation from the persons referred to in the Deputy's Question were received in the Citizenship Division of my Department in August & December 2009.

All valid applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The average processing time from application to decision is now at 26 months. More complicated cases can at times take more than the current average, while an element of straight forward cases can be dealt with in less than that timescale.

The length of time taken to process each application should not be classified as a delay, as the length of time taken for any application to be decided is purely a function of the time taken to carry out necessary checks. There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

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