Bernard Durkan (Kildare North, Fine Gael)
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Question 135: To ask the Minister for Justice and Law Reform the position regarding residency in the case of a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [38369/10]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned has submitted an application for Subsidiary Protection. 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.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard Durkan (Kildare North, Fine Gael)
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Question 136: To ask the Minister for Justice and Law Reform the position regarding residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [38370/10]

Dermot 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 26 October 2005, 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. Representations have been received on behalf of the person concerned.

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.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard Durkan (Kildare North, Fine Gael)
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Question 137: To ask the Minister for Justice and Law Reform the position regarding residency status in the case of a person (details supplied) in County Roscommon; and if he will make a statement on the matter. [38371/10]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my detailed Reply to his recent Parliamentary Question, No. 1024 of Wednesday, 29 September, 2010, in this matter. The position in the State of the person concerned is as set out in that Reply.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard Durkan (Kildare North, Fine Gael)
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Question 138: To ask the Minister for Justice and Law Reform the position regarding residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [38372/10]

Dermot 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 19 August 2005, 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. Representations were received on behalf of the person concerned at that time.

The person concerned made an application for permission to remain in the State under the Revised Arrangements for non-EEA parents of children born in the State prior to 1 January 2005, commonly referred to as the IBC/05 Scheme. This application was approved and the person concerned was granted permission to remain in the State for a two year period, valid to 22 September 2007.

In September 2007, the person concerned applied for the renewal of her permission to remain in the State. Following consideration of this application, a decision was made that the person concerned no longer satisfied the criteria under the Revised Arrangements and she was informed of this decision by letter dated 20 June 2008. This communication also advised the person concerned of the options open to her as a result.

The person concerned was subsequently notified of her entitlement to submit an application for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006 and she has done so. 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.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard Durkan (Kildare North, Fine Gael)
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Question 139: To ask the Minister for Justice and Law Reform the earliest date by which a person (details supplied) in Dublin 7 will meet the statutory residency requirement to qualify for naturalisation; and if he will make a statement on the matter. [38373/10]

Dermot Ahern (Louth, Fianna Fail)
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The Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must -

be of full age

be of good character

have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years

have made, either before a Judge of the District Court in open court or in such a manner as the Minister for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State

In the context of naturalisation, certain periods of residence in the State are excluded. These include -

periods of residence in respect of which an applicant does not have permission to remain in the State

periods granted for the purposes of study

periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act, 1996.

Compliance with residency conditions is assessed upon receipt of a valid application. It is open to the person concerned to lodge an application for a certificate of naturalisation with the Citizenship Division of my Department if and when they are in a position to meet the statutory requirements.