Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

257. To ask the Minister for Justice and Equality the current 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. [2145/14]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I wish to inform the Deputy that the person referred to has no entitlement to residency. As outlined in a number of previous Dail replies in this matter the person concerned is the subject of a Deportation Order following a comprehensive and thorough examination of his asylum claim and a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).

The effect of a Deportation Order is that the person concerned must leave the state and remain thereafter outside the State. The enforcement of Deportation Orders is an operational matter for the Garda National Immigration Bureau.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by Email 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)
Link to this: Individually | In context | Oireachtas source

258. To ask the Minister for Justice and Equality notwithstanding his replies to previous parliamentary questions, the procedure to be followed in order to regularise the residency of a person (details supplied) Dublin 15 who is anxious to comply with all necessary regulations; and if he will make a statement on the matter. [2146/14]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As stated in my letter which issued to the Deputy on 31 October 2013, the person mentioned, who is now over the age of 18, should make an application in his own right and present the circumstances of his case. I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the General Immigration Division of INIS has still not received an application from this person.

The Deputy may wish to note that 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 established specifically 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.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

259. To ask the Minister for Justice and Equality the status and procedure to be followed in respect of long-term residency/eligibility for naturalisation in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [2147/14]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy was granted Long Term Residency in October 2013 for a period of five years.

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. 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.

A foreign national who is married to, or is the civil partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that criteria as set out in the Act have been met.

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.

The Deputy may wish to note that 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 established specifically 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.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

260. To ask the Minister for Justice and Equality the position regarding residency status and or /eligibility for consideration for naturalisation/updated Stamp 4 in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [2148/14]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

This applicant arrived in the State and applied for asylum on 12 June 2008. His application was refused on 30 April 2010, per recommendation of the Refugee Applications Commissioner, and this recommendation was affirmed by the Refugee Appeals Tribunal.

The applicant subsequently submitted an application for Subsidiary Protection under the European Communities (Eligibility for Protection) Regulations 2006 (Statutory Instrument No. 518 of 2006) on 18 May 2010. This application was considered, however, it was determined that the applicant is not a person eligible for subsidiary protection, and the applicant was notified of this determination on 6 April 2011.

Judicial Review proceedings were taken by the applicant in the High Court in order to challenge the refusal of his Subsidiary Protection application, on 4 July 2011. These proceedings, bearing the record number 2011 533/JR, were dismissed, per Judgment of Mr Justice Cross delivered on 23 March 2012.

Representations were submitted by the applicant and considered under section 3 of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act (as amended). A Deportation Order was subsequently made in respect of this applicant on 18 April 2013.

Further Judicial Review proceedings were initiated on 14 May 2013, challenging the decision to make a Deportation Order in respect of this applicant and accordingly, as this matter is sub judice, it would not be appropriate for me to comment further.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

261. To ask the Minister for Justice and Equality the current or expected position in regard to the determination of eligibility for residency/Stamp 4 update in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [2149/14]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The person concerned applied for asylum in the State on 2 December, 2009. An interview under section 11 of the Refugee Act took place in relation to the person concerned with the Office of the Refugee Applications Commissioner and a report pursuant to section 13(1) of the Refugee Act, 1996 was compiled on 10 March, 2010 and recommended that the person concerned be refused a declaration of refugee status. The person concerned was informed of this recommendation by letter dated 10 March, 2010. An oral hearing of the Refuge Appeals Tribunal in relation to the person concerned was held on 26 May, 2010 and a decision refusing the appeal issued on 30 June, 2010. A letter was sent to the person concerned from the Department dated 20 August, 2010 informing him that it was proposed to make a Deportation Order in respect of him. The letter outlined the three options open to the person concerned, 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 a Deportation Order should not be made. He was also informed that he was entitled to make an application for Subsidiary Protection. An application for Subsidiary Protection was subsequently made on 6th September 2010, together with representations pursuant to Section 3 of the Immigration Act 1999. Following consideration of these applications Subsidiary Protection was refused on 1st April 2011. A Deportation Order was made in respect of the person concerned on 15th July, 2011.

Judicial Review proceedings were instituted challenging both these decisions on 11 August, 2011. These proceedings are still ongoing. Accordingly, as the matter is sub judice, I do not propose to comment further.

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.