Written answers

Thursday, 1 July 2010

Department of Justice, Equality and Law Reform

Residency Permits

10:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 162: To ask the Minister for Justice, Equality and Law Reform if the state of health of a person (details supplied) in Dublin 8 will be taken into consideration in the determination of residency in their case; and if he will make a statement on the matter. [29034/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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All aspects of this person's case have been fully considered, including her state of health. I refer the Deputy to my reply to Dáil Question number 90 of 3rd June, 2010 and Dail Question number 175 of 24th June 2010. The position remains unchanged. The person is recorded as having evaded her Transfer Order and is currently being sought by the Garda National Immigration Bureau. She should make herself known to them without further delay so that arrangements can be made for her transfer to Belgium.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 163: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Limerick; when the process is likely to be concluded; the extent of the procedures to date; and if he will make a statement on the matter. [29035/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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There is currently no application pending in my Department for residency in the case of the person whose details were supplied. If an application for asylum has been made by the person concerned the Deputy will of course be aware that it is not the practice to comment on asylum applications that are pending.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 164: To ask the Minister for Justice, Equality and Law Reform the procedures to date and the likelihood of favourable consideration in the case of a person (details supplied) in Dublin 1; the options available to a person in such circumstances; and if he will make a statement on the matter. [29036/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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An application for Long Term Residency was received from the person in question on 16 February 2010.

I understand that the Irish Naturalisation and Immigration Service are currently processing such applications received in June 2009. It is likely, therefore, this application will be finalised in the early part of 2011. It is not possible to state if the application will be favourably considered until all necessary processing has been completed.

On 28 August 2009, the Minister for Justice, Equality and Law Reform, in consultation with the Tánaiste and Minister for Enterprise, Trade and Employment announced changes in the way the State's immigration system deals with non-EEA migrant workers.

From that date, all non-EEA persons who have held employment permits for 5 years of more consecutively and have been working lawfully during that time, will be exempted, provided they meet certain conditions, from the requirement to hold a work permit and will no longer be limited to one employer. Such persons will be issued with a Stamp 4 permission signifying the right to be present in the State and to be employed without an employment permit. Persons seeking such permission should contact their local Immigration office. The eligibility rules are clearly laid out on the website of the Irish Naturalisation and Immigration Office www.inis.gov.ie.

This permission will normally be granted for one year and can be renewed annually subject to certain conditions, including that the person is continuing to be in employment or if redundant, he/she is making efforts to seek employment and has not become a burden on the State. The person mentioned will be contacted in due course regarding their application.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 165: To ask the Minister for Justice, Equality and Law Reform if he will facilitate early issue of travel documents in the case of a person (details supplied) in Dublin 15; if he will set out in chronological order the history of this family's application for residency status; when this process is likely to be finalised; and if he will make a statement on the matter. [29037/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Travel Document Unit of the Irish Naturalisation and Immigration Service (INIS) informs me that the person referred to in the Deputy's question and her son were refused Travel Documents on the 18 June 2010 as they held a current national passport in respect of their own country.

It is a matter for the persons concerned to contact their own national authorities in order to procure replacement passports in light of their reported loss. I am informed that the DR Congo Embassy in London is the appropriate office to contact in relation to this.

The person in question currently has permission to reside in the State based on the parentage of an Irish born child.

A valid application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in March 2008.

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 straightforward cases can be dealt with in less than that timescale. Officials in the Citizenship Division inform me that further processing of the application is ongoing and the file will be submitted to me for a decision in due course.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 166: To ask the Minister for Justice, Equality and Law Reform the stages in the application for residency in the case of a person (details supplied) in Dublin 11; if the procedures to date are in accordance with EU and international criteria; and if he will make a statement on the matter. [29038/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 5 March 2010, that the Minister proposed to make a Deportation Order in respect of her. She 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 making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection and this application will be considered first. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then 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 the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

The Deputy can be assured that the procedures followed and to be followed in the case of the person concerned are as set out in the relevant national asylum and immigration legislation and take account of the State's international obligations in this area.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 167: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Clare; and if he will make a statement on the matter. [29039/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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There is currently no application pending in my Department for residency in the case of the person whose details were supplied.

If an application for asylum has been made by the person concerned the Deputy will of course be aware that it is not the practice to comment on asylum applications that are pending.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 168: To ask the Minister for Justice, Equality and Law Reform the procedure followed to date in the process of determination of residency in the case of a person (details supplied) in Dublin 3; and if he will make a statement on the matter. [29040/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Immigration Division of my Department that the person concerned made an application for a permanent residence card as the non-EU family member of an EU citizen on 23 February, 2010.

All applications are dealt with in chronological order of date of receipt. The application is currently being processed and the representative for the person in question will be contacted as soon as a decision is reached.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 169: To ask the Minister for Justice, Equality and Law Reform the current, expected or intended residency status in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [29041/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I wish to inform the Deputy that the parents of the person to whom he refers were granted permission to remain in the State in 1999 under the arrangements then in place for the non-EEA parents of Irish citizen children. This permission to remain is currently valid until 5 February, 2011. I am further informed that there is no record of the person in question having registered with the Garda National Immigration Bureau. In the circumstances I would advise her to write to my Department at INIS, PO Box 10003, Dublin 2, outlining her circumstances.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 170: To ask the Minister for Justice, Equality and Law Reform the procedures to date in the application for residency in the case of a person (details supplied) in County Kildare; if their case was at any time considered by a person or persons not known to have ever granted residency status to anyone; if their circumstances were adequately and properly assessed; and if he will make a statement on the matter. [29042/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 30 April 2007, 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 making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.

On 20 June 2008 the person concerned submitted representations to my Department seeking permission to remain in the State on the basis of his parentage of Irish citizen children. Given that the closing date for the receipt of applications under the IBC/05 Scheme was 31 March 2005, the application of the person concerned was received too late for consideration and the person concerned was informed of this by letter dated 18 March 2009.

In relation to the procedures invoked to date in the case of the person concerned, the position is that the asylum application he submitted was examined by the two statutory independent refugee status determination bodies, namely the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, both of whom concluded that the person concerned did not meet the criteria for recognition as a refugee. In assessing each individual asylum application or appeal, the bodies referred to must, in accordance with their statutory remit, have regard for the specific claims made by an applicant as measured against objective, reputable, up to date information relating to the applicant's country of origin and, where doubts exist, the benefit of the doubt is applied in favour of the applicant. I understand that copies of the determinations made by the two bodies were sent to the person concerned and to his then legal representatives so the person concerned will be able to see from those documents the basis for the conclusions reached in his particular case.

Overall, I am satisfied that the State has a very fair and comprehensive mechanism in place for the consideration of all asylum applications and, as such, I am satisfied that the asylum application made by the person concerned was properly considered before a final decision to refuse it was taken.

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 Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 171: To ask the Minister for Justice, Equality and Law Reform the process followed to date in the determination or lack of residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [29043/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I wish to inform the Deputy that the person to whom he refers was granted permission to remain in the State in October of 2005 under the revised arrangements for the non-EEA parents of children born in Ireland prior to 1 January, 2005, known as the IBC/05 Scheme. This permission to remain is currently valid until 21 October, 2010. The person in question is advised to attend his local Immigration Office two weeks prior to the expiry of this permission with a view to having it renewed.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 172: To ask the Minister for Justice, Equality and Law Reform the procedure to be followed to achieve residency or citizenship in the case of a person (details supplied) in Dublin 12; and if he will make a statement on the matter. [29044/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned has been granted temporary permission to remain in the State for a three year period to 23 July 2011 in line with the permission granted to her mother. This decision was conveyed to the mother of the person concerned by letter dated 24 July 2008. This letter was re-issued on 7 July 2009. This position still obtains.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 173: To ask the Minister for Justice, Equality and Law Reform the procedure followed in the determination of residency in the case of a person (details supplied) in County Dublin; the procedures to be followed to achieve a satisfactory conclusion; and if he will make a statement on the matter. [29045/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned was granted permission to remain in the State, initially for a one year period to 26 January 2006, following the consideration of his case under Section 3 of the Immigration Act 1999 (as amended). This permission was renewed on a number of subsequent occasions, most recently on 24 June 2008 when the person concerned was granted permission to remain for a further three year period to 24 June 2011. This position still obtains.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 174: To ask the Minister for Justice, Equality and Law Reform when a student visa and residency determination will issue in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [29046/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I have been informed by the Irish Naturalisation and Immigration Service that the person referred to by the Deputy is currently in the State and has contacted my Department in relation to her residency in the State. This application is currently receiving attention.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 175: To ask the Minister for Justice, Equality and Law Reform the progress made in the determination of residency in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [29047/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The persons concerned, a husband and wife, have no permission to remain in the State. As a result, they were informed, by separate letters dated 18 August 2009, that the Minister proposed to make Deportation Orders in respect of them. They were given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against them. Representations have been submitted on behalf of the persons concerned. The position in the State of the persons concerned will now 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 their file is passed to me for decision. Once decisions have been made, these decisions and the consequences of the decisions will be conveyed in writing to the persons concerned.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 176: To ask the Minister for Justice, Equality and Law Reform the progress and procedure undertaken to date in the case of a person (details supplied In County Kildare. [29048/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my Reply to his recent Parliamentary Question, No. 186 of Thursday, 29 April, 2010. The position in the State of the person concerned is as set out in that Reply.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 177: To ask the Minister for Justice, Equality and Law Reform the progress to date including the initial application for residency in the case of a person (details supplied) in County Kildare; when matters will be regularised; and if he will make a statement on the matter. [29049/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my reply to Parliamentary Question No. 146 of 20 May, 2010. The position remains unchanged.

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