Bernard Durkan (Kildare North, Fine Gael)
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165. To ask the Minister for Justice and Equality the position in regard to residency status/entitlement to apply for naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [43968/13]

Alan Shatter (Dublin South, Fine Gael)
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In April, 2007, the person concerned made an application for residency in the State on the basis of being the spouse of an EU National who was exercising her EU Treaty Rights in this State. This application was approved and the person concerned was notified to this effect by letter dated 18 August, 2008. The person concerned completed the registration formalities to the extent that his permission to remain was valid to 25 October, 2012.

Given that the person concerned was no longer residing with his EU National spouse, he was not in a position to apply for the renewal of his permission to remain on the basis of marriage to an EU national. He has, however, sought a right of residency in the State, accompanied by a right to work, based on the principles of the European Court of Justice Judgment in the Zambrano case. Once a decision has been made on this latter application, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.

There is no record of an application for a Certificate of Naturalisation having been received from the person concerned. However, it will be open to him to apply to the Citizenship Division of my Department for a Certificate of Naturalisation when he is in a position to meet the lawful residency criteria applicable to the lodgment of such applications. Details on the criteria to be met by persons lodging such applications are available from the Irish Naturalisation and Immigration Service Website (www.inis.gov.ie).

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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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166. To ask the Minister for Justice and Equality if, in the case of persons (details supplied) in County Meath who have a residency entitlement arising from their Irish-born children in the context of the Zambrano judgment, and in view of the extent to which the family has established commitments here, including employment, consideration may be given to awarding permission to remain in the first instances; and if he will make a statement on the matter. [43969/13]

Alan Shatter (Dublin South, Fine Gael)
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The persons concerned are a husband and wife who entered the State as students on separate dates in 2005 and were granted permission to remain until 23rd November, 2006 and 22nd February, 2006 respectively. They have remained in the State without permission since then. Consequently, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned were notified, by separate letters dated 2nd February, 2009, that it was proposed to make deportation orders in respect of them. They were each 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 they should not have deportation orders made against them.

While substantial written representations have been submitted by and on behalf of the persons concerned, a representative of my Department wrote to the persons concerned on 10th October, 2013 requesting certain documentation and clarifications. Upon receipt of such documentation and clarifications, the immigration case files of the persons concerned will 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 final decisions are made. Once decisions have been made, these decisions, and the consequences of the decisions, will be conveyed in writing to the persons concerned.

Given that none of the children of the persons concerned can claim an entitlement to Irish citizenship, it is difficult to see how the European Court of Justice Judgment in the Zambrano case would have any bearing on the immigration cases of the persons concerned.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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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167. To ask the Minister for Justice and Equality the current position in regard to residency status/entitlement for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [43970/13]

Alan Shatter (Dublin South, Fine Gael)
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The person concerned was granted permission to remain in the State on 5 September, 2005 for an initial two year period, under the revised arrangements applicable to the non-EEA national parents of Irish born citizen children born in the State before 1 January, 2005, more commonly known as the IBC/05 Scheme. This permission was subsequently renewed for a further three years to 5 September, 2010, and more recently to 4 September, 2013. The person concerned has submitted an application for a renewal of permission to remain to my officials in the Irish Naturalisation and Immigration Service (INIS) of my Department. My officials have written to the person concerned requesting the submission of certain items of documentation and information in support of his renewal application. Upon receipt of the requested documentation and information, the position of the person concerned will be further considered.

There is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question.

Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must -

- be of full age

- be of good character

- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years

- intend in good faith to continue to reside in the State after naturalisation

- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows--

(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and

(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.

Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.

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.

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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168. To ask the Minister for Justice and Equality further to Parliamentary Question No. 1040 of 18 September 2013, if consideration may be given to extending stamp 4 status-leave to remain in the case of a person (details supplied) in Dublin 11; and if he will make a statement on the matter. [43971/13]

Alan Shatter (Dublin South, Fine Gael)
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I wish to inform the Deputy that the person referred to has no entitlement to Stamp 4/Leave to Remain.

As outlined in previous Dail replies in this matter the person referred to has no application pending for residency. The person concerned was granted permission to remain for a period of five years on 12th January, 2010 on the basis of being the spouse of an EU citizen, who was residing in the State and was exercising his EU Treaty Rights.

The grounds under which she was granted permission to remain in the State no longer apply, as her EU spouse is no longer residing in this State. Therefore, the permission to remain which was granted under the provisions of Directive 2004/38/EC and European Communities (Free Movement of Persons) Regulations 2006 and 2008 has now been revoked. The person concerned was notified of this decision on 6th October, 2011.

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.