Written answers

Thursday, 16 February 2012

Department of Justice, Equality and Defence

Citizenship Applications

4:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 190: To ask the Minister for Justice and Equality the reason stamp four has not issued in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [9100/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I refer the Deputy to my detailed Reply to Parliamentary Question No. 209 of Thursday, 19th January, 2012, a copy of which follows. The position is unchanged since then.

The person concerned is a failed asylum applicant. 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 29th September, 2008, that the then 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 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 a final decision is made. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.

The Deputy should note that as the person concerned has not established a right of legal residency in the State, the issue of an application for citizenship does not arise at this time.

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 191: To ask the Minister for Justice and Equality the progress made to date in the determination of entitlement to naturalisation in the case of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [9101/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I refer the Deputy to my reply to Parliamentary Question 500 on 7th July, 2011. The position remains as stated.

Reply to Parliamentary Question 500 of 7th July, 2011

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 my Department in April 2008.

I refer the Deputy to Parliamentary Question 138 on 18 June, 2009 in which he was advised that on examination of the application submitted it was determined that the application form had not been fully completed. It was returned to the person in question for further attention on 18 April, 2008. The person in question returned the application form to the Citizenship Division but the application form was returned again to the applicant on 1 July, 2008 as the application form was still incomplete. The Citizenship Division of my Department wrote to the person in question on 16 October, 2008 requesting she return her completed application form and supporting documentation in order for her application to be processed further. A further letter issued on 22 January, 2009, however, to date the Citizenship Division of my Department has not received the requested documentation and the application has been deemed ineligible.

The second person concerned has been granted Leave to Remain in the State for the period to 14 August 2013. This decision was conveyed in writing to the person concerned by letter dated 14 August 2010.

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.

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