Written answers

Thursday, 1 May 2014

Department of Justice and Equality

Naturalisation Applications

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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150. To ask the Minister for Justice and Equality the position regarding to updating of stamp 4 and evaluation of their application for naturalisation in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [19827/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy is currently registered in the State under Stamp 4 conditions granted to him as an exceptional measure. This permission is valid until 14 March 2015 and is renewable directly with their local immigration officer shortly before its expiry date.

I am also advised by INIS that there is no record of a current 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 the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.

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 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 email service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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151. To ask the Minister for Justice and Equality the position regarding update of stamp 4 and evaluation of application for naturalisation in the case of a person (details supplied) in County Longford; and if he will make a statement on the matter. [19828/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a valid application for a certificate of naturalisation was received from the person referred to by the Deputy. I considered the application in April, 2013 and decided to defer making a final decision in this case for 12 months. The person concerned was notified of this decision in a letter issued on 16 April, 2013.

Processing has recommenced on the application with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation. Further information was requested from the person concerned in a letter issued via their solicitor on 4 April 2014. Once the requested information has been received and assessed the case will be finalised and re-submitted to me for decision.

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 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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152. To ask the Minister for Justice and Equality the extent of the progress made in respect of the determination of eligibility for naturalisation-stamp 4 update in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [19829/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the asylum case of the person concerned is currently before the High Court in the context of judicial review proceedings taken against the Refugee Appeals Tribunal. As these proceedings are ongoing, it would not be appropriate for me to comment further on that aspect of the case of the person concerned at this time.

In March, 2013, the person concerned applied for a right of residency in the State, accompanied by a right to work, based on parentage of an Irish born minor citizen child, and based also on the principles of the Zambrano Judgment. When consideration of this application has been completed, and a decision arrived at, the person concerned will be notified in writing of the outcome.

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.

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