Written answers

Thursday, 23 February 2017

Department of Justice and Equality

Naturalisation Eligibility

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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106. To ask the Minister for Justice and Equality the residency status and potential eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [9471/17]

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 25th May 2011.

Representations were received from the persons' legal representative pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. 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 Deputy may wish to note 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 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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107. To ask the Minister for Justice and Equality if the court appearances for motoring offences in the case of a person (details supplied) permanently prevents them from qualification for naturalisation or if they can reapply in view of the fact that their last offence was in 2011; and if she will make a statement on the matter. [9472/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act. Section 15 of the Act provides that the Minister may, in her absolute discretion, grant an application for a certificate of naturalisation if satisfied that certain statutory conditions are fulfilled. In particular, these conditions require that an applicant is of good character.

It would be neither possible or appropriate, given the wide range of possibilities, for me to publish precise criteria on how specific offences will be considered in any application, as each application is considered on its merits based on the entirety of the case presented at that time. To do so could be interpreted as a fettering of the absolute discretion given to the Minister in the Act. I can inform the Deputy that I am concerned to ensure that the threshold of what constitutes good character is, taking all things into account, maintained at an appropriate level and as such is fair to all applicants having regard to their particularcircumstances.

It is open to any individual to lodge an application for a certificate of naturalisation 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 fact that a person may have had an application refused does not preclude or disqualify them from submitting a fresh application in the future. Indeed, the letter advising an applicant of a negative decision also informs them that they may re-apply for the grant of a certificate of naturalisation at any time. The letter advises that, when considering making such a re-application, they should give due regard to the reasons for the refusal which were contained in the submission attached to the refusal letter and that any further application will be considered taking into account all statutory and administrative conditions applicable at the time of application.

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 I know the Deputy will appreciate that it is important that appropriate procedures are in place to preserve the integrity of the process.

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