Written answers

Wednesday, 14 September 2011

Department of Justice, Equality and Defence

Residency Permits

9:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 669: To ask the Minister for Justice and Equality the position regarding an application for residency in respect of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [23633/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was granted permission to remain in the State on 10th October, 2005 under the revised arrangements for the non-EEA parents of children born in Ireland prior to 1st January, 2005, commonly known as the IBC/05 Scheme. This permission to remain was renewed in 2007 and in 2010, and is currently valid until 10 October, 2013.

I am also advised by INIS that an application for a certificate of naturalisation was received from the person concerned in December, 2010. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.

I should add that the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

I would 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)
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Question 670: To ask the Minister for Justice and Equality the position regarding residency in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23634/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) that the position remains unchanged from my response to PQ No: 13212/11 dated 26th May: A decision was made on the Family Reunification application of the person in question and this decision issued on 24 May 2011.

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)
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Question 671: To ask the Minister for Justice and Equality the position regarding a residency application in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23635/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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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 12 April 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. 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.

In advance of a final decision being made, the case of the person concerned will also be examined to determine what, if any, impact the recent European Court of Justice Judgment in the Belgian Zambrano case may have on her case.

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.

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