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

203. To ask the Minister for Justice and Equality the current and-or expected residency status and-or eligibility to seek naturalisation in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [7437/14]

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

The person concerned is a failed asylum applicant. Arising from the refusal of her 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 8th July, 2010, that the then 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 then 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.

The person concerned initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. The judicial review proceedings were struck out on 13th May, 2013 meaning that the earlier decisions of the Refugee Appeals Tribunal and the then Minister stood.

The position in the State of the person concerned will now 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. Any representations submitted will be considered before a final decision is made. Once a final decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.

Given that the person concerned has no current right of residency in the State, the issue of an application for a Certificate of Naturalisation does not arise at this time.

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)
Link to this: Individually | In context | Oireachtas source

204. To ask the Minister for Justice and Equality the current residency status and-or eligibility to apply for naturalisation in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [7438/14]

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

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order and therefore has no entitlement to residency in the State.

I am satisfied that the applications made by the person concerned for asylum and all refoulement issues were fully considered prior to making the Deportation Order. His case was also examined under Section 3 (11) of the Immigration Act 1999 (as amended).

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State. The enforcement of the Deportation Order 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

205. To ask the Minister for Justice and Equality the current and-or expected residency status and-or eligibility for long-term residency in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [7439/14]

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

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order and therefore has no entitlement to residency in the State.

The case of the person concerned was considered under Section 5 of the Refugee Act, 1996, as amended, Section 3(6) of the Immigration Act 1999, as amended, Section 4 of the Criminal Justice (United Nations against Torture) Act 2000, and the European Convention on Human Rights Act 2003. Refoulement was not found to be an issue in this case. Therefore the decision to deport him is justified.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State. The enforcement of the Deportation Order remains 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.