Written answers

Thursday, 13 June 2013

Department of Justice and Equality

Irish Naturalisation and Immigration Service Administration

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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11. To ask the Minister for Justice and Equality if he will provide details of the appeals system for applicants who have been refused citizenship and or a working visa. [28234/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Irish Nationality and Citizenship Act 1956 as amended sets out the process for the granting of a certificate of naturalisation. It is open to any individual to lodge an application for a certificate of naturalisation at any time if they consider they are in a position to meet the prescribed statutory requirements. In reaching a decision on applications full consideration is given to each case and I can say that in the vast majority cases the result is a positive decision for the applicant. For example, in 2012 over 98% of eligible applications resulted in a positive outcome. Where a decision is made to refuse an application it is open to the person concerned to lodge a new application. However, in doing so they should bear in mind the reasons for refusal of their previous applications. For the sake of completeness, over 50,000 applications for naturalisation have been approved since I was appointed.

Visa required nationals are required to set out full details in a visa application of their reason for seeking to come to Ireland. The visa, if granted, is pre-clearance to the person concerned to arrive at an approved port of entry and seek permission to enter. Visa required nationals who wish to migrate to the State to take up employment must, in the great majority of cases, apply for and be granted a work permit before applying for a visa. A minority of those seeking to come to Ireland to work, i.e., for periods of less than six months, may not need to apply for a work permit, but must apply for, and be granted, a visa.

The procedure to appeal a Visa Refusal is the same for all Visa Application types. The only stipulation is that the appeal must be submitted in writing within two months of the refusal date. On receipt of the appeal, the Appeals Officer - who is a more senior immigration official - will review the application, taking account of any additional information or documentation submitted in support of the appeal. If the Appeals Officer does not alter the decision the applicant is notified in writing. If the appeal is successful then a Visa will be issued to the applicant. For the information of the Deputy, the approval rate for 'employment' visas at first instance is approximately 98%.

The issue and renewal of work permits is a matter for my colleague, the Minister for Jobs, Enterprise and Innovation. Where a person is granted a work permit and requires a visa in order to come to Ireland to take up employment, the matter is expedited by the Irish Naturalisation and Immigration Service subject to normal immigration controls. Re-entry visas are issued to visa required work permit holders who wish to leave the State for short periods for business or personal reasons.

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