Bernard Durkan (Kildare North, Fine Gael)
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570. To ask the Minister for Justice and Equality if he will examine the possibility of extending stamp 2 to stamp 4 residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [36694/13]

Alan Shatter (Dublin South, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person in question has not made an application to INIS to change his immigration status in the State. This person should be advised to do so immediately to enable this request to be examined.

Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using Oireachtas Mail facility which has been specifically established for this purpose. This services 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.

Bernard Durkan (Kildare North, Fine Gael)
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571. To ask the Minister for Justice and Equality the current and or expected residency status in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [36695/13]

Alan Shatter (Dublin South, Fine Gael)
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The person concerned is a failed asylum applicant. Arising from the refusal of his 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 27th March, 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 written representations to the then Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his 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 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.

Bernard Durkan (Kildare North, Fine Gael)
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572. To ask the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [36696/13]

Alan Shatter (Dublin South, Fine Gael)
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The person concerned formally applied for asylum on 24th April, 2007. In accordance with the provisions of Section 9 of the Refugee Act 1996 (as amended), she was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

The person concerned initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. These proceedings were 'settled' with the consequence that her appeal was remitted to a different Member of the Tribunal for a fresh determination. This appeal was also refused so the later decision of the Tribunal, and the subsequent decision of the Minister, stood.

The person concerned was notified, by letter dated 31st December, 2012, that the 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 written 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 has 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 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.

Bernard Durkan (Kildare North, Fine Gael)
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573. To ask the Minister for Justice and Equality the current and or expected residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [36697/13]

Alan Shatter (Dublin South, Fine Gael)
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The person concerned was granted permission to remain the State on 10 June, 2005 for an initial two year period, under the revised arrangements applicable to the non-EEA national parents of Irish born children born in the State before 1 January, 2005, more commonly known as the IBC/05 Scheme. In 2007, this permission was renewed for a further three years. Subsequently the Garda National Immigration Bureau (GNIB) renewed her permission to remain with her latest renewal due to expire on 6 March, 2016.

A valid application for a certificate of naturalisation was received from the person concerned in June, 2012. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.

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.

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.

Bernard Durkan (Kildare North, Fine Gael)
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574. To ask the Minister for Justice and Equality the current or expected residency status and or procedures to be followed in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [36698/13]

Alan Shatter (Dublin South, Fine Gael)
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There is currently no application pending in my Department for residency in respect 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 fully completed this process.

Bernard Durkan (Kildare North, Fine Gael)
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575. To ask the Minister for Justice and Equality the current or expected position in regard to residency status-eligibility for citizenship in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [36699/13]

Alan Shatter (Dublin South, Fine Gael)
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I am pleased to inform the Deputy that the person referred to had her application granted and was presented with a Certificate of Naturalisation at a citizenship ceremony held at the Convention Centre, Dublin on 4 July 2013.

Bernard Durkan (Kildare North, Fine Gael)
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576. To ask the Minister for Justice and Equality the current and/or expected position in regard to residency-naturalisation in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [36700/13]

Alan 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 was granted permission to remain in the State for a period of five years - up to 15 January, 2014.This permission is based on being the spouse of an EU citizen who is resident in the State and in exercise of EU Treaty rights in accordance with the provisions of S.I. No. 656 of 2006 European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (as amended) and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.

The right of a third country national family member to reside in a host Member State is a derived right dependent on the EU citizen residing in the State and exercising their EU Treaty rights in accordance with Section 6(2) of the Regulations. Where the EU citizen family member ceases to satisfy the conditions of Regulation 6(2), the derived right conferred on the third country national family member may no longer apply.

I understand that INIS is currently awaiting a response from the individual concerned to a letter of 3 July, 2013 to the individual's Solicitor requesting additional information, in order to establish if the third country national continues to hold a right of residency in the State in accordance with the provisions of the Regulations and Directive. When a reply is received the matter will be examined further.

I am also informed by Citizenship Division of INIS that there is no record of an application for a certificate of naturalisation having been submitted by the person referred to in the Deputy's question.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 (as amended). An on-line residency calculator is available on the website www.inis.gov.ie which may be of assistance in establishing if the residency requirements are met.

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.