Written answers

Thursday, 15 December 2011

Department of Justice, Equality and Defence

Citizenship Applications

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 250: To ask the Minister for Justice and Equality the progress made to date in the determination of an application for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [40730/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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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 the Irish Naturalisation and Immigration Service (INIS) in April, 2008.

The application is at an advanced stage of processing and will be submitted to me for decision in due course.

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 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 251: To ask the Minister for Justice and Equality the current or expected position in regard to the determination of residency and naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [40731/11]

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 is the sibling of an Irish born child of non-EEA parents born in the State prior to 1 January, 2005. The person concerned was granted permission to remain in the State on the basis of family dependency by INIS on 21 December, 2004, and this permission has expired on 15 September, 2011. I am informed that the person concerned attended the Garda National Immigration Bureau (GNIB) to have his permission to remain renewed recently. However, given that he provided conflicting details regarding his current residence, I would advise him to write to INIS c/o PO Box 10003, Dublin 1 to seek renewal of his permission to remain (including proof of his current address). Upon receipt of the appropriate documentation, his case will be examined by the relevant officials in INIS and a decision communicated to him in due course.

I am informed that no application for a certification of naturalisation has been received from the person concerned in the Citizenship Division of my Department to date.

Queries in relation to the status of individual immigration cases may be made directly to the 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 the 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 252: To ask the Minister for Justice and Equality the current or expected position in the determination of an application for residency, citizenship and family reunification in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [40732/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) in October 2007.

On examination of the application submitted it was determined that the person in question did not meet that statutory residency requirements as set out in the Irish Nationality and Citizenship Act 1956, as amended. The person concerned was informed of this in a letter issued to him on 28 November, 2008.

Given that the person concerned has no current right of residency in the State, the issue of a further application for citizenship does not arise at this time.

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to is the subject of a Family Reunification application made in March 2009. I refer the Deputy to my reply to Parliamentary Question No. 272 of Tuesday, 6th December, 2011 - set out below. The position is unchanged since then.

In the event that the application for Family Reunification has a favourable outcome then the case of the person concerned will require no further consideration. However, in the event that the application for Family Reunification 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 a final decision is made. At that juncture, the case of the person concerned will be examined to determine what, if any, impact the European Court of Justice Judgment in the Zambrano case may have on his case. 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 the 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 the INIS is, in the Deputy's view, inadequate or too long awaited.

I have been informed by the Irish Naturalisation and Immigration Service (INIS) that the documentation referred to by the Deputy has been received and has been responded to. INIS will write to the person concerned when a final determination of his application has been made.

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 waited.

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