Written answers

Thursday, 4 November 2010

Department of Justice, Equality and Law Reform

Residency Permits

2:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 174: To ask the Minister for Justice and Law Reform the progress to date in the determination of residency, citizenship status entitlement in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [40870/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

As the name of the person referred to by the Deputy does not match the reference number supplied, it is not possible to provide the information sought at this time. However, if the Deputy wishes to re-submit his Question with the correct name and reference number included, I will be happy to provide a substantive reply. However, 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 175: To ask the Minister for Justice and Law Reform the progress to date in the determination of residency and citizenship status in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [40871/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The persons referred to claimed asylum in the State in 2003 and had their claims examined by the Office of the Refugee Applications Commissioner which recommended that they be recognised as refugees. Based on this recommendation, they were issued with a formal declaration of refugee status by letters dated 14/09/2004. This communication also advised them of the rights and entitlements accompanying refugee status in the State. They continue to hold the status of refugee 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 November 2008. Officials in the Citizenship Division inform me that processing of both applications is ongoing and the files will be submitted to me for a decision in due course.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 176: To ask the Minister for Justice and Law Reform the progress to date in the determination of residency and citizenship status entitlement in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [40872/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I refer the Deputy to my detailed Reply to his earlier Parliamentary Question, No 385 of Thursday, 8 July 2010 and the written Reply to that Question. The position in the State of the person concerned now falls to 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 177: To ask the Minister for Justice and Law Reform, further to Parliamentary Question No. 170 of 1 July 2010, if he will indicate whether the case in question was at any time considered by a person or persons not known to have ever granted residency status to anyone; and if he will make a statement on the matter. [40873/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I refer the Deputy to my detailed Reply to his Parliamentary Question No. 170 of Thursday, 1 July 2010, in this matter. As stated in that response 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.

However, 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 178: To ask the Minister for Justice and Law Reform the progress to date in determination of residency entitlement in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [40874/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I refer the Deputy to my Reply to his Parliamentary Question, No 154 of Thursday, 27 May 2010, and the written Reply to that Question. The position in the State of the person concerned now falls to be considered for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 179: To ask the Minister for Justice and Law Reform the progress to date in determination of residency entitlement in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [40875/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I refer the Deputy to my detailed Reply to his earlier Parliamentary Question, No 153 of Thursday, 27 May 2010, and the written Reply to that Question. The position in the State of the person concerned now falls to be considered for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006) and this application is under consideration at present. 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 180: To ask the Minister for Justice and Law Reform the progress to date in the determination of residency status entitlement in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [40876/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

Arising from the refusal of their asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the first named person concerned was notified, by letter dated 21 November 2005, the second person concerned, by letter dated 25 November 2005, and the third and fourth persons concerned, by separate letters dated 28 June 2010, 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. In addition, the third and fourth persons concerned were notified of their entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The second person concerned initiated Judicial Review Proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in his case. The High Court refused the Judicial Review Leave Application with the consequence that the earlier decisions of the Refugee Appeals Tribunal and the Minister stood.

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 the files are 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 persons 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 181: To ask the Minister for Justice and Law Reform when residency status will be renewed in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [40877/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The person concerned has been granted Permission to Remain in the State for the period to 10 January 2011. This decision was conveyed in writing to the person concerned by letter dated 10 January 2008. An application for the renewal of this permission has been received in my Department and this application will be considered at the appropriate time.

However, 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 182: To ask the Minister for Justice and Law Reform to indicate if and when a person (details supplied) in County Carlow will qualify for naturalisation; and if he will make a statement on the matter. [40878/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I am not in a position by way of answer to a Parliamentary Question to indicate whether or not individual naturalisation cases will succeed. The general position in relation to a foreign national adult who is not the spouse of an Irish citizen nor a refugee or stateless person is as follows:

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. These 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.

Further information and application forms are available on the Irish Naturalisation and Immigration Services website at http://www.inis.gov.ie.

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.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 183: To ask the Minister for Justice and Law Reform the position regarding entitlement in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [40879/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I have been informed by the Irish Naturalisation and Immigration Service that the second-named person referred to by the Deputy was granted long term residency in the State on 8 June 2010 and subsequently has had her permission to remain extended until 8 June 2015.

However, the first-named person does not meet the qualifying criteria for long term residency. Applications for long term residency are considered in respect of persons who have resided legally (endorsements in passport) for a period of 60 months or longer on the basis of Work Permit conditions. An exemption from Work Permit requirements is considered at the same time. The person in question has had only three work permits in the State since 2003. He will be allowed to remain in the State as a dependant of his wife, but will require a work permit to take up employment in the State.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 184: To ask the Minister for Justice and Law Reform the progress to date in the determination of residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [40880/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I am informed by the Immigration Division of my Department that an application for residence based on EU Treaty Rights has been received in respect of the person referred to by the Deputy. As the Deputy will be aware, on 28 September, 2010 EU Treaty Rights Section wrote to the Deputy, as the appointed representative of the applicant, attaching a letter for the applicant's attention requesting further supporting documentation in relation to the application for residence in the State. To date EU Treaty Rights Section has not received a reply from the applicant or the Deputy.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct 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.

Comments

No comments

Log in or join to post a public comment.