Written answers

Tuesday, 17 September 2019

Department of Justice and Equality

Naturalisation Applications

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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279. To ask the Tánaiste and Minister for Justice and Equality if he will address a matter regarding the case of a person (details supplied); and if he will make a statement on the matter. [37255/19]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I am advised by Immigration Service of my Department that a new application for a certificate of naturalisation was received from the person referred to by the Deputy on 20 November 2018. Processing of this application is on-going, with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence, are satisfied. On completion of the necessary processing the application will be submitted to me for decision as expeditiously as possible.

 The fact that a person may have previously 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 informs them that they may re-apply at any time. The letter also 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 the application. 

 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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280. To ask the Tánaiste and Minister for Justice and Equality if further documentation is required in the application for naturalisation in the case a person (details supplied); and if he will make a statement on the matter. [37256/19]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I am advised by the Immigration Service of my Department that the person referred to by the Deputy submitted an application for naturalisation on 1 November 2018. Processing of this application is ongoing at this time. The Immigration Service will be in direct contact with the person concerned should there be any further documentation required.  

I am aware that the recent judgment of the High Court relating to continuous residency under Section 15(1)(c) of the Irish Nationality and Citizenship Act, 1956 (as amended) has given cause for concern. The matter remains before the courts with the lodgement of an appeal before the Court of Appeal and is therefore sub-judice.

I can, however, assure the Deputy that my Department officials and I are doing everything possible to put in place a solution on an urgent basis.  I have taken expert legal advice and I intend to introduce legislation to address the issue. At the end of July, I obtained Cabinet approval for a proposed Bill and intensive work is underway in my Department where officials are working with the Office of Parliamentary Counsel in the Attorney General's Office to finalise the draft Bill.

I intend to introduce the Bill in the Oireachtas as soon as the Houses return to session. I know that colleagues of all parties are concerned with the difficulty that has arisen and I am hopeful that the Oireachtas will give the Bill early and positive consideration.

As soon as the Bill becomes law, my officials will make all necessary arrangements for the next citizenship ceremony. Invitations will issue at least four weeks in advance of the ceremony to ensure everyone has adequate notice.   

Queries in relation to the status of any immigration cases may be made directly to the Immigration Service of my Department by email 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 Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

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