Written answers

Thursday, 6 July 2017

Department of Justice and Equality

Immigration Status

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

137. To ask the Tánaiste and Minister for Justice and Equality if the required documentation has been submitted in the case of a person (details supplied) who is seeking to regularise their residency status; and if he will make a statement on the matter. [32032/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
Link to this: Individually | In context | Oireachtas source

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), written representations have been submitted on behalf of the person concerned.

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 all other applicable legislation, in advance of a final decision being made.

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)
Link to this: Individually | In context | Oireachtas source

138. To ask the Tánaiste and Minister for Justice and Equality the way in which residency status can be upgraded in the case of a person (details supplied); and if he will make a statement on the matter. [32034/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is currently registered in the State under Stamp 3 conditions as they are the dependant of a non-EEA national. It will be open to this person to apply for a Stamp 4 on the basis of family dependence of an Irish national if, in the future, either of their parents becomes an Irish National.

The person mentioned by the Deputy should be directed to the Irish Naturalisation and Immigration Service website www.inis.gov.ie to explore alternative ways of obtaining a Stamp 4 in their own right. A letter to this effect, dated 29 June 2017, issued to the person concerned from the Family Dependent Unit.

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)
Link to this: Individually | In context | Oireachtas source

139. To ask the Tánaiste and Minister for Justice and Equality the position in regard to the determination of eligibility for naturalisation in the case of persons (details supplied). [32035/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application for a certificate of naturalisation from the persons referred to by the Deputy. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.

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, which governs the granting of Irish citizenship through naturalisation.

Detailed information on Irish citizenship and naturalisation, as well as the relevant application forms, is available on the INIS website at www.inis.gov.ie. The website also contains guidance on the completion of an application for naturalisation and an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met.

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)
Link to this: Individually | In context | Oireachtas source

140. To ask the Tánaiste and Minister for Justice and Equality the progress in regard to the determination of eligibility for naturalisation in the case of a person (details supplied), the holder of stamp 3 status seeking to upgrade to stamp 4; and if he will make a statement on the matter. [32036/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the first named person concerned has permission to remain in the State until 4 November, 2018 on immigration Stamp 4 conditions. The second named person concerned has been granted permission to remain in the State, on immigration Stamp 3 conditions, for the period to 4 November 2018. These decisions were conveyed in writing to the persons concerned by letters dated 27 October, 2015.

The decision to grant such status was arrived at following the detailed consideration of the respective cases of the persons concerned and their family members under Section 3 of the Immigration Act 1999 (as amended). This decision was made with due regard for all information and documentation on file at the time.

The Irish Naturalisation and Immigration Service would be prepared to review the case of the second named 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 above, INIS will undertake a review of the case of the person concerned.

I am further advised by INIS that to date, no applications for certificates of naturalisation have been received from the persons referred to by the Deputy.

It will be open to the persons concerned to apply to the Citizenship Section of my Department for a Certificate of Naturalisation when the persons concerned are in a position to meet the lawful residency criteria applicable to the lodgement of such applications. Details on the criteria to be met by persons lodging such applications are available from my Department's website (www.justice.ie).

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)
Link to this: Individually | In context | Oireachtas source

141. To ask the Tánaiste and Minister for Justice and Equality the residency status and eligibility for upgrade in the case of a person (details supplied); and if he will make a statement on the matter. [32037/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
Link to this: Individually | In context | Oireachtas source

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 not 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 all other applicable legislation. If any representations are submitted, they will be considered before a final decision is made.

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)
Link to this: Individually | In context | Oireachtas source

142. To ask the Tánaiste and Minister for Justice and Equality the expected residency status and or eligibility for upgrade, including naturalisation, in the case of persons (details supplied); and if he will make a statement on the matter. [32038/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application for a certificate of naturalisation from the person referred to by the Deputy.

The records show that the person's permission to reside expired on 8 February 2008. As the Deputy will be aware all non-EEA nationals are required to keep their permission to remain in the State up to date at all times and failure to do so may result in the individual being removed from the State.

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. Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. The website also contains an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met.

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)
Link to this: Individually | In context | Oireachtas source

143. To ask the Tánaiste and Minister for Justice and Equality the progress to date in the determination of residency status in the case of a person (details supplied); and if he will make a statement on the matter. [32047/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The International Protection Act 2015 was commenced on 31 December 2016. Under the Act, a new single application procedure was introduced under which all aspects of a person's claim (asylum, subsidiary protection and permission to remain) are considered together by the International Protection Office (IPO) rather than sequentially as heretofore. The IPO replaced the Office of the Refugee Applications Commissioner (ORAC) from the commencement date. The Chief International Protection Officer (CIPO) and the International Protection Officers in the IPO are independent by law in the exercise of their international protection functions. They are also bound by confidentiality provisions in respect of applicants, as set out in Section 26 of the 2015 Act.

If an application for asylum or subsidiary protection has been made in the State, for confidential reasons it is not the practice to comment on such applications and the applicant should contact the International Protection Office directly, either by email to info@ipo.gov.ie, by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to the Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2.

For your information, on 27 February 2017 the Chief International Protection Officer following consultation with the United Nations High Commissioner for Refugees (UNHCR), published a statement on the Prioritisation of Applications for International Protection under the International Protection Act 2015. The IPO statement in relation to the prioritisation of applications is available on their website ( www.ipo.gov.ie).

Comments

No comments

Log in or join to post a public comment.