Bernard Durkan (Kildare North, Fine Gael)
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126. To ask the Tánaiste and Minister for Justice and Equality the status of an application for long term residency, stamp 4 and naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [26155/18]

Charles Flanagan (Laois, 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 16 December 2010. That order remains valid and in place.

In relation to the Deportation Order, the Deputy might wish to note that the person concerned made a request, pursuant to the provisions of section 3(11) of the Immigration Act 1999 (as amended), to have that order revoked. Following the detailed consideration of the request made, a decision was taken to affirm the order and that decision was communicated to the person concerned by letter dated 16 June 2017.

The person concerned then lodged judicial review proceedings in the High Court, challenging the decision to affirm the Deportation Order. The High Court gave its Judgment in the matter on 23 January 2018. While the High Court did not set aside the decision to affirm the Deportation Order, the presiding Judge instead directed that certain specified matters be re-examined by my Department. I am advised that this judgment is being examined by the relevant personnel in the INIS at the present time to see how the Judge’s directions can be accommodated. That process has not yet been completed.

I am also advised that, separately, the person concerned has sought to be re-admitted to the international protection process. This request is under consideration at present. The Deputy might wish to note that the decision to ensue from the consideration of this request will be to grant or refuse consent to re-apply for international protection. Written notification of this decision will issue shortly to the person concerned.

I am also advised by INIS of my Department that there is no record of an application for a Certificate of Naturalisation having been received from the person concerned. The Deputy will appreciate that a determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an actual application has been received.

While it is open to any person 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, it is difficult to see how a person subject of a Deportation Order for the last seven and a half years would be in a position to satisfy the statutory criteria referred to. In any event, detailed information on Irish citizenship and naturalisation, as well as the relevant application form, is available on the INIS website at www.inis.gov.ie. The website also contains guidance on the completion of an application for a ertificate of Naturalisation and also contains an on-line naturalisation residency calculator which potential applicants may find of assistance in establishing if the statutory residency requirements are met in their particular circumstances.

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.