Written answers

Thursday, 5 November 2015

Department of Justice and Equality

Immigration Status

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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140. To ask the Minister for Justice and Equality the current and-or expected status in the long-term residency and eligibility for naturalisation of a person (details supplied) in County Dublin; and if she will make a statement on the matter. [38788/15]

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 processing of the application for a certificate of naturalisation from the person referred to by the Deputy, who currently has permission to reside in the State until 9 May 2016, is well advanced and the case will be submitted to me for decision as expeditiously as possible.

As the Deputy will appreciate, 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.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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141. To ask the Minister for Justice and Equality the current residency status and eligibility for review of a decision to deport or provide an extended term of residency in the case of a person (details supplied) in County Cork, having particular regard to the fact that the person's child has never known any other home other than in this jurisdiction; and if she will make a statement on the matter. [38790/15]

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 concerned is the subject of a Deportation Order made on 25 November 2008.

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 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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142. To ask the Minister for Justice and Equality if she will confirm receipt by the appropriate section in her Department of all documentation sought in the context of determining eligibility for residency by persons (details supplied) in County Clare; and if she will make a statement on the matter. [38797/15]

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 it wrote to the persons concerned to acknowledge receipt of documentation on 04 August 2015. The case is under consideration and a decision will issue shortly.

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 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 Parliamentary Question 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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143. To ask the Minister for Justice and Equality the basis on which residency status will be determined and regularised for a person (details supplied) in County Clare; and if she will make a statement on the matter. [38798/15]

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 their records show that the person mentioned by the Deputy was first registered in the State in February 2012 with an immigration permission which expired in January 2014.

I understand that the individual in question has not renewed their permission since that date nor have they made an application for consideration for further permission. I am informed that this is the only record INIS have of this person being legally present in the State.

This person is, therefore, present in the State without immigration permission which is in breach of Section 5 (1) of the Immigration Act 2004 - which provides that no non-Irish national may be in the State other than in accordance with the terms of any permission given to them by or on behalf of the Minister. A person who is found to be in breach of the requirements of the Immigration Act 2004 may have committed an offence and if found guilty of such an offence would be liable under section 13 of the Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. The person in question should now present himself to his local Garda Station.

Queries in relation to the status of or advice on 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 INIS is, in the Deputy's view, inadequate or too long awaited.

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