Written answers

Wednesday, 30 November 2011

Department of Justice, Equality and Defence

Residency Permits

10:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 159: To ask the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [37864/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received from the person referred to by the Deputy in August, 2011. 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. 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.

Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 160: To ask the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [37865/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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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 30th September, 2005, that the then 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.

The person concerned was subsequently notified of his entitlement to submit an application for Subsidiary Protection in accordance with the provisions of 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.

Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 161: To ask the Minister for Justice and Equality, further to Parliamentary Question No. 384 of 22 November 2011, if a stamp 0 visa will be subject to revocation or non-renewal in the event the holder avails of public health care, including emergency care. [37899/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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It would be a condition of the immigration permission granted to persons on Stamp 0 basis that they have private medical insurance to cover their period of residence in the State. The whole purpose of the new stamp is to facilitate the presence in the State of persons for a temporary and limited purpose and clearly the State should not be exposed to significant cost in return for doing this. Since a person will have private medical cover, the question of accessing public health care should not generally arise. If it does there is an obvious qualitative difference between a foreign visitor who is involved in an accident or incident and requires emergency medical care and a person deliberately breaching a condition of their immigration permission by seeking to have the Irish State foot the bill for non-emergency treatment. Each case would have to be considered on its merits and common sense would apply.

In any event the requirement to have private medical insurance is not new in the immigration system and is already applied to some other categories of migrant coming to Ireland for more than 90 days, for example students, where this condition is standard. The position in relation to any category of immigration permission is that where one of the conditions applicable to that permission is not complied with, that may result in the immigration permission not being renewed.

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