Written answers

Tuesday, 18 December 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 progress made to date in the determination of residency entitlement to naturalisation in the case of a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [56232/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned has been granted leave to remain in the State for a three year period following the consideration of her case under Section 3 (6) of the Immigration Act 1999 (as amended). This decision was conveyed in writing to the person concerned by letter dated 12th December, 2012. This communication advised the person concerned that her leave to remain decision will become operative once she completes the necessary registration process.

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 if he will set out the sequence of events and progress made to date in the determination of residency status and or eligibility for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [56233/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned applied for asylum on 24 October, 2005. She has given birth to two children in Ireland. The first child was born on 19 January, 2006. Another child was born on 2 October, 2008. Both children claimed asylum in this State on 1 June, 2010.

A n interview under section 11 of the Refugee Act took place on 29 November, 2005 in relation to the person concerned with the Office of the Refugee Applications Commissioner. A report pursuant to section 13(1) of the Refugee Act, 1996 was compiled on 30 November, 2005 and recommended that the person concerned be refused a declaration of refugee status. The person concerned was informed of this recommendation by letter dated 2 December, 2005.

Two separate interviews under section 11 of the Refugee Act took place on 30 June, 2010 in relation to the children with the Office of the Refugee Applications Commissioner. Two separate reports pursuant to section 13(1) of the Refugee Act, 1996 were compiled on 30 November, 2005 and recommended that the children be refused a declaration of refugee status. The children were informed of these recommendations by letters dated 13 July, 2010.

A letter was sent to the person concerned from the Department dated 14 October, 2009 informing her that it was proposed to make a Deportation Order in respect of her. Similar letters were sent to the children on 14 October, 2010. The letters outlined the three options open to each applicant, one being to make written representations to the Minister under Section 3 of the Immigration Act, 1999 (as amended) setting out the reasons as to why Deportation Orders should not be made. Each applicant was given fifteen working days to respond. Deportation Orders were made in respect of the person concerned and the children on 23 November, 2011.

Judicial Review proceedings were instituted on 7 December, 2011 and were struck out on consent on 22 October, 2012. It was agreed to revoke the Deportation Order against the person concerned only. It was further agreed that fresh representations pursuant to section 3 of the Immigration Act 1999 (as amended) will be considered. An undertaking not to deport has been given until the determination on the fresh representations and the Applicants’ solicitor was notified of same.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Justice and Equality the progress made to date in the matter of determination of eligibility for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [56236/12]

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 an application for a certificate of naturalisation was received from the person referred to by the Deputy in November, 2011.

The application is 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.

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 review or revoke the decision in respect of residency or asylum in the case of a person (details supplied) in Dublin 11; and if he will make a statement on the matter. [56246/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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There is currently no application pending in my Department for residency in the case of the person whose details were supplied.

If an application for asylum has been made by the person concerned, the Deputy will be aware that it is not the practice to comment on applications which have not completed this process. All applications for refugee status are considered on their individual merits on a case by case basis having regard to the subjective and objective elements of the claim.

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