Written answers

Thursday, 18 September 2014

Department of Justice and Equality

Naturalisation Applications

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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155. To ask the Minister for Justice and Equality the position regarding long term residency and the eligibility for naturalisation in the case of a person (details supplied) in Dublin 7; and if she will make a statement on the matter. [35088/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The person concerned was granted temporary permission to remain in the State in 2002 under the arrangements then applicable to the non-EEA national parents of Irish born citizen children. This permission was renewed on a regular basis with the latest permission granted to him expiring on 28 January, 2014.

The person concerned applied to the Irish Naturalisation and Immigration Service (INIS) of my Department for further permission to remain in the State on 11 February, 2014. He was requested to provide documentation regarding his family situation, his finances, and proof of continuous residency in the State, by letter dated 25 February, 2014. Some documentation was supplied but it was not considered sufficient. Further documentation was requested by letter dated 30 May, 2014. When the documents requested were received, his passport was examined by the relevant officials of my Department. It showed that the person concerned was absent from the State for considerable periods of time, since his last renewal. In the circumstances, the renewal of his permission to remain was refused by letter issued 19 August, 2014, due to insufficient verifiable evidence of maintenance of his children, allied to his prolonged absence from the State. He was invited to send in observations and comments within 10 working days of receipt of letter. Correspondence has recently been received on behalf of the person concerned, which will be examined by the relevant officials in the INIS.

Officials in the Citizenship Division of the INIS inform me that there is no record of an application for a certificate of naturalisation from the person concerned. 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 specially 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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156. To ask the Minister for Justice and Equality the current position regarding long-term residency-eligibility to apply for naturalisation in the case of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [35089/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the subsidiary protection application made by the person concerned was refused on 14th August, 2014. Following on from that refusal decision, and in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned has submitted written representations. These representations, together with all other information and documentation on file, will be fully considered, under 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, in advance of a final decision being made.

Issues have arisen in relation to the true identity and nationality of the person concerned who was, by letter dated 27th June, 2014, requested to submit such information and documentation as would definitively establish their true identity and nationality. The person concerned has submitted the requested information and documentation. This information and documentation will be examined in detail and will be factored into the overall consideration of the case of the person concerned.

The Deputy should note that as 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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157. To ask the Minister for Justice and Equality the position regarding residency status-leave to remain-eligibility to apply for naturalisation in the case of a person (details supplied) in County Limerick; and if she will make a statement on the matter. [35090/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, 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 is the subject of a Deportation Order and therefore has no entitlement to residency in the State.

Representations were received from the person concerned, asking that his Deportation Order be revoked. This application is under consideration at present. The Deputy might wish to note that any such decision will be to ‘affirm’ or to ‘revoke’ the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place. 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 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.

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