Written answers

Thursday, 4 October 2012

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Justice and Equality the position regarding residency and or naturalisation in the case of persons (details supplied) in Dublin 15; and if he will make a statement on the matter. [42534/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The first named person concerned has been in the State without the permission of the Minister since July 2009. Consequently, in accordance with Section 3 of the Immigration Act 1999, the first named person concerned was notified, by letter dated 23 April, 2010, 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 she should not have a Deportation Order made against her.

The position in the State of the first named 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, including those relating to the possible relevance of the Zambrano Judgement to the case, will be considered before 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 second named person concerned has been granted Leave to Remain in the State for the period to 16 December 2014.

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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To ask the Minister for Justice and Equality to outline the progress to date in determination of residency eligibility for naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [42535/12]

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 person referred to by the Deputy has no application pending for residency. The person concerned is the subject of a Deportation Order signed on 30 October 2008, following a comprehensive and thorough examination of his asylum claim and of his application to remain temporarily in the State. He has been evading his deportation since 11 December 2008 and should he come to the notice of the Garda authorities, he would be liable to arrest and detention. He should, therefore, present himself to the Garda National Immigration Bureau without any further delay.

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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To ask the Minister for Justice and Equality the current progress made to date in the determination of eligibility for residency and or naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [42536/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned entered the State on a C-Visit Visa on 18 September 2008 and was granted leave to remain in the State until 19 October 2008.

The daughter of the person concerned wrote to the Immigration Division of this Department on 7 October, 2008 seeking, on behalf of her father, an extension of his permission to remain in the State. Following consideration of this request, this Department decided that her father's circumstances did not warrant an extension of his C-Visit Visa period and this position was conveyed in writing to the daughter of the person concerned by letter dated 12 January, 2009.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 18 February, 2009, 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 he should not have a Deportation Order made against him.

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 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.

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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To ask the Minister for Justice and Equality the current position in regard to determination of entitlement to residency and or naturalisation in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [42537/12]

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 October, 2011.

The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and will be submitted to me for decision as expeditiously as possible.

As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State 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.

The person referred to by the Deputy currently has permission to remain in the State until June 2017.

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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To ask the Minister for Justice and Equality if he will clarify what is actually required of a person (details supplied) in Dublin 12 in respect of his application for residency; and if he will make a statement on the matter. [42538/12]

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 they have attempted to contact the person referred to by the Deputy on a number of occasions over the course of the summer period and most recently on the 19th September, 2012 when a further letter issued to the person in relation to his application and to which a reply is still outstanding.

A full list of all the documentation required by non-EEA students in the State is available on the INIS website, www.inis.gov.ie In addition to the standard requirements to have medical insurance and to provide evidence of finances available sufficient to support a themselves in the State, a student must pursue a course which is listed on the Internationalisation Register administered by the National Qualifications Authority of Ireland. The course which the person concerned intends to pursue does not appear on the register and therefore does not qualify him to be registered in the State as a student. It should be noted that Further Education courses encompass full-time, day-time academic courses leading to non-school major awards at Level 5 or Level 6 of the National Framework of Qualifications.

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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To ask the Minister for Justice and Equality the current position in regard to residency in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [42539/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned has made an application for the renewal of his temporary permission to remain in the State. This application is under consideration at present and when a decision has been made, the person concerned will be notified in writing of the decision.

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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To ask the Minister for Justice and Equality the progress to date and likely determination in respect of residency and or naturalisation in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [42540/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned has made an application for the renewal of his temporary permission to remain in the State. This application is under consideration at present and when a decision has been made, the person concerned will be notified in writing of the decision.

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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