Written answers

Thursday, 26 November 2015

Department of Justice and Equality

Immigration Status

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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138. To ask the Minister for Justice and Equality the current residency status and potential eligibility for long-term residency and naturalisation for a person (details supplied) in Dublin 22; and if she will make a statement on the matter. [42147/15]

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, 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.

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. All representations submitted will be fully considered in advance of a final decision being made.

The Deputy will appreciate that as the person concerned has no current permission to remain in the State, the issue of an application for a Certificate of Naturalisation does not arise at this time. Equally, given that the person concerned has not held an employment permit issued by the Department of Jobs, Enterprise and Innovation, they would not be in a position to meet the criteria applicable to an application for Long Term Residency.

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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139. To ask the Minister for Justice and Equality notwithstanding a person (details supplied) in County Meath's current Stamp 3 entitlement, if consideration will be given to upgrading this status to Stamp 4; and if she will make a statement on the matter. [42148/15]

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 was granted permission to remain in the State, on immigration Stamp 3 conditions, for the period to 4th November, 2015. The person concerned has had their permission to remain in the State renewed for a further three year period to 4th November, 2018.

The decision to grant such status was arrived at following the detailed consideration of the case of the person concerned, as well as the cases of all family members involved, under Section 3 of the Immigration Act 1999 (as amended). This decision would have had regard for all information and documentation on file at the time the decision was made.

The INIS would be prepared to review the case of the person concerned in circumstances where they presented documentary evidence to show that they had a concrete offer of paid employment available to them. The Deputy will appreciate that any such offer of paid employment must be on the prospective employer's headed paper; it must describe the specific position being offered; it must set out the proposed salary or salary scale; it must provide an indication that any such position is available immediately, is whole-time and is not subject to seasonal factors. Upon receipt of documentary evidence of the nature described, the INIS will undertake a review of the case of the person concerned.

There is no record of the person concerned being the parent of an Irish citizen child. Children born in the State after 1 January 2005 are not automatically entitled to Irish Citizenship.

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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140. To ask the Minister for Justice and Equality if she will examine the case of a person (details supplied) in County Longford who currently holds Stamp 3 residency status and who is anxious to avail of job opportunities; and if she will make a statement on the matter. [42151/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that this person's application is currently being processed and correspondence will issue to this person in the coming days.

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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141. To ask the Minister for Justice and Equality the current residency status and eligibility for naturalisation of a person (details supplied) in County Laois; and if she will make a statement on the matter. [42154/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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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 made on 5 November 2013 and therefore has no entitlement to residency in the State. Judicial Review proceedings were issued on 10 December 2013 challenging the Deportation Order and accordingly, as the matter issub judiceI 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 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 through the more expensive Parliamentary Questions process.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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142. To ask the Minister for Justice and Equality the current residency status and eligibility for naturalisation of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [42155/15]

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 was initially granted permission to remain for two years on 24 January, 2006. This person's permission has been regularly renewed with the latest period due to expire 24 January 2017.

Officials in the Citizenship Division of the INIS inform me that there is no record of a current application for a certificate of naturalisation from the person concerned. A previous application for a certificate of naturalisation was refused for reasons provided to the person concerned in a letter issued to their legal representative on 18 September 2013.

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.

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.

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