Houses of the Oireachtas

All parliamentary debates are now being published on our new website. The publication of debates on this website will cease in December 2018.

Go to oireachtas.ie

 Header Item Written Answers Nos. 184-196
 Header Item Garda Recruitment
 Header Item Marriages of Convenience
 Header Item Extradition Arrangements
 Header Item Criminal Assets Recovery Frameworks
 Header Item Residency Permits
 Header Item Immigration Status
 Header Item Naturalisation Applications
 Header Item Immigration Status
 Header Item Immigration Status
 Header Item Immigration Status
 Header Item Immigration Status
 Header Item Immigration Status

Thursday, 26 September 2013

Dáil Éireann Debate
Vol. 814 No. 4

First Page Previous Page Page of 58 Next Page Last Page

Written Answers Nos. 184-196

Garda Recruitment

 184. Deputy Kevin Humphreys Information on Kevin Humphreys Zoom on Kevin Humphreys asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter if his Department or An Garda Síochána has privatised any part or all of the selection process for potential recruits to the police force, including psychological or behavioural testing; the parts and the companies or persons that have received contracts; the value of same; and if he will make a statement on the matter. [40210/13]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The recruitment competition for the Garda Síochána, for which I recently secured the approval of my colleague, the Minister for Public Expenditure and Reform, will be run by the Public Appointments Service on behalf of the Garda Commissioner.

Marriages of Convenience

 185. Deputy Eric Byrne Information on Eric J. Byrne Zoom on Eric J. Byrne asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter his position regarding sham marriages, especially in relation to citizens from Latvia and Pakistan; if there are statistics available for offenders from these and other countries involved in this practice; the steps being taken at national and European level to eradicate this problem; and if he will make a statement on the matter.  [40217/13]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter Freedom of movement was one of the four freedoms guaranteed with the establishment of the European Community in 1952. While the original objective of free movement was to facilitate labour mobility the focus of Community law has since shifted towards family reunification which dominates more recent secondary legislation and jurisprudence of the Court of Justice in this regard.

However, our experience is no different to that of other Member States where the free movement legal framework has been abused by those seeking to circumvent proper immigration controls to enter the State. One such abuse, which has emerged from the now well documented trend towards unusual patterns of marriage between European citizens and third country nationals, relates to sham marriages or marriages of convenience. Marriages of convenience are notoriously difficult to prove and our constitutional protection of marriage makes uncovering theses situations more problematic.

This is a complex issue and there is no single, legislative or operational approach that will permanently eliminate the problem. The authorities deploy a range of measures and cooperate closely in tackling this problem. This is a high priority of all the services, agencies and other organisations tasked with preventing or negating any benefits to the persons who engage in theses activities.

In addition to our operational response I have asked my officials to re-examine the provisions in the Immigration Residence and Protection Bill 2010 and to draft amendments dealing with immigration related marriages of convenience and sham marriages. A similar approach is being taken in respect of the Free Movement Regulations that transposed the EU Directive into Irish law. I also understand that officials from the Department of Social Protection are examining possible legislative measures to address the civil registration aspects of marriages of convenience.

At the European level there are also a number of initiatives focused at abuse on legal migration channels such as marriages of convenience. In 2009 the Commission published guidelines on the better implementation of Directive 38/2004/EC on Free Movement. The guidelines contained a specific chapter of abuse and fraud which included some guidance on identifying marriages of convenience. More recently; in 2012, the Commission began work, in consultation with Member States, on drawing up a handbook for practitioners investigation shame marriages or marriages of convenience. We understand that work is well advance in relation to a number of chapters of this handbook. Another initiative, which began under the Irish Presidency of the European Council, focuses on abuses of the free movement legal framework highlighted by a group of concerned Member States earlier this year. The Commission is actively engaged in collecting evidence of the abuses and fraud concerned and will report back to the Council in October and December of this year.

Extradition Arrangements

 186. Deputy Patrick O'Donovan Information on Patrick O'Donovan Zoom on Patrick O'Donovan asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter his plans to broaden the number of countries with whom Ireland has extradition agreements; and if he will make a statement on the matter.  [40260/13]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter In addition to arrangements within the European Union, Ireland currently has bilateral extradition agreements with the United States of America, Australia and Hong Kong. Negotiations on agreements are at varying stages of progress with Argentina, Canada, Chile and Mexico. Ireland and Brazil recently agreed to commence negotiations on an agreement.

  I have no plans for further agreements at this time.

Criminal Assets Recovery Frameworks

 187. Deputy Patrick O'Donovan Information on Patrick O'Donovan Zoom on Patrick O'Donovan asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the provisions that exist to deal with assets held in Ireland of persons acquired through the proceeds of crime in another jurisdiction; and if he will make a statement on the matter. [40261/13]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter There are a number of statutory frameworks which could potentially apply in the circumstances outlined by the Deputy.

  The question of which particular framework might apply can only be considered by reference to the particular circumstances including whether it is the State who might take action or a foreign jurisdiction through international cooperation mechanisms or whether it is civil action that might be undertaken.

  Specifically with regard to the framework established under the Proceeds of Crime Acts 1996 and 2005 to deal with the seizure, management and disposal of assets that represent the proceeds of criminal conduct, I can inform the Deputy that for the purposes of that Act 'proceeds of crime' is defined as any property obtained or received at any time (whether before or after the passing of the Act) by or as a result of or in connection with criminal conduct. In turn the definition of 'criminal conduct' makes specific provision in relation to conduct which occurs outside the State. In this regard, 'criminal conduct is defined as "any conduct —

    (a  ) which constitutes an offence or more than one offence, or

    (b  ) which occurs outside the State and which would constitute an offence or more than one offence —
      (i) if it occurred within the State,

      (ii) if it constituted an offence under the law of the state or territory concerned, and

      (iii) if, at the time when an application is being made for an interim order or interlocutory order, any property obtained or received at any time (whether before or after the passing of this Act) by or as a result of or in connection with the conduct is situated within the State"
  Furthermore, in the context of criminal justice mutual legal assistance, the Criminal Justice (Mutual Assistance) Act 2008 provides a framework for the freezing, confiscation and forfeiture of property which is situated in the State and which was received or obtained as a result of or in connection with conduct which, if it occurred in the State, would constitute an indictable offence.

  Question No. 188 withdrawn.

Residency Permits

 189. Deputy Bernard J. Durkan Information on Bernard Durkan Zoom on Bernard Durkan asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the extent to which progress has taken place in evaluation of case of residency status/eligibility for naturalisation in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter.  [40334/13]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I am informed by the Irish Naturalisation and Immigration Service (INIS) that an application for Long Term Residency has been received from the person referred to by the Deputy. The application is currently under consideration and officials from INIS will be writing to the person concerned in the coming days.

  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.      

Immigration Status

 190. Deputy Bernard J. Durkan Information on Bernard Durkan Zoom on Bernard Durkan asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the position regarding examination and determination of residency/eligibility for naturalisation in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter.  [40335/13]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The person concerned arrived in the State on 25 January 2004 and claimed asylum the following day. The Office of the Refugee Applications Commissioner considered the claim and recommended that he not be declared a refugee on 3 May 2005. He was notified of the ORAC recommendation on 26 May 2005. An appeal of the ORAC recommendation was submitted to the Refugee Appeals Tribunal on 14 June 2005. The RAT affirmed the ORAC recommendation on 4 November 2008 and the decision that he was not declared a refugee was notified to him on 12 November 2008.

  On 14 January 2009, he was issued with a letter inviting him to make an application for Subsidiary Protection and giving him an opportunity to make representations pursuant to Section 3 of the Immigration Act to state reasons as to why a Deportation Order should not be made in his case. He applied for Subsidiary Protection on 4 February 2009 and made representations to remain in the State on 17 September 2009. Following consideration of these applications Subsidiary Protection was refused, and a Deportation Order was signed and was issued on the 11th September 2011. Judicial Review proceedings were lodged in the High Court on 22nd September 2011 challenging both decisions. As these proceedings are currently ongoing the matter is therefore sub judice and I 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 INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Naturalisation Applications

 191. Deputy Bernard J. Durkan Information on Bernard Durkan Zoom on Bernard Durkan asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the current and or expected position in regard to determination of eligibility for residency/naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter.  [40336/13]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The person concerned is a sibling of an Irish born citizen child of non-EEA parents born in the State prior to 1 January, 2005. The person concerned was granted permission to remain in the State on the basis of family dependency in January, 2005. This permission was subsequently renewed and is currently valid until 27 November, 2014.

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a valid application for a certificate of naturalisation has been received from the person referred to by the Deputy.

The application is being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and will be submitted to me for decision as expeditiously as possible. In this regard, further information has been requested, from the person referred to, in a letter issued to her on 13 September, 2013.

Queries in relation to the status of individual immigration cases may be made directly to the INIS 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.

Immigration Status

 192. Deputy Bernard J. Durkan Information on Bernard Durkan Zoom on Bernard Durkan asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the current and or expected position in regard to determination of eligibility for residency/naturalisation in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter.  [40337/13]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter 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 so therefore has no right to residency/naturalisation in the State.

The Deportation Order was made following a comprehensive and thorough examination of his asylum claim and of his application to remain temporarily in the State. He has been evading his deportation since 5 October 2010 and should he come to the notice of the Garda authorities, he would be liable to arrest and detention. He should, therefore, present himself to the Garda National Immigration Bureau without any further delay.

As a matter of policy, I do not intend to reward persons who have failed a very fair and comprehensive asylum process, and who have thereafter proceeded to evade their deportation for several years, by granting such persons residency in the State.

Queries in relation to the status of individual immigration cases may be made directly to the INIS 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.

Immigration Status

 193. Deputy Bernard J. Durkan Information on Bernard Durkan Zoom on Bernard Durkan asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter if and when residency status/extension of residency entitlement will issue in the case of a person (details supplied) in Dublin 11; and if he will make a statement on the matter.  [40338/13]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The question of residency status in the case of the person whose details were supplied does not arise at this time. Should the option to apply for permission to remain in the State arise in the future the person concerned will be advised accordingly.

Immigration Status

 194. Deputy Bernard J. Durkan Information on Bernard Durkan Zoom on Bernard Durkan asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the procedure to be followed in the update of stamp 4 or relevant status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter.  [40339/13]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I have been advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned by the Deputy contacted the INIS on 23 September 2013 and a reply issued to him on 24 September 2013. His case will be examined upon receipt of the documentation requested.

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 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 INIS is, in the Deputy's view, inadequate or too long awaited.

Immigration Status

 195. Deputy Bernard J. Durkan Information on Bernard Durkan Zoom on Bernard Durkan asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the procedure to be followed in the assessment of eligibility for residency or naturalisation in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter.  [40340/13]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy arrived in the State on 27 December 2007 and registered on 17 January 2008 on Student conditions. His permission to remain here expired on 07 February 2012. The person submitted an application to INIS which was received on 27 March 2013. On 29 July 2013 this application was refused as the person did not have enough time to complete a Degree Programme as required in the "new immigration regime for full time non-EEA students" which has been in effect since 01 January 2011. However, he was granted a further 6 weeks on Stamp 2 conditions until 09 September 2013 in order to finalise his affairs and leave the State. The person concerned does not qualify for a Stamp 4 status and he no longer has permission to be in the State.

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 as 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 INIS is, in the Deputy's view, inadequate or too long awaited.

Immigration Status

 196. Deputy Bernard J. Durkan Information on Bernard Durkan Zoom on Bernard Durkan asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the procedure to date and progress made in the determination of residency or eligibility for naturalisation in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter.  [40341/13]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The persons concerned are a husband and wife who entered the State on separate dates in 2005, as students, and were granted permission to remain until 23rd November, 2006 and 22nd February, 2006 respectively. They have remained in the State without permission since then. Consequently, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned were notified it was proposed to make deportation orders in respect of them. They were each given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making written representations to the Minister setting out the reasons why they should not have deportation orders made against them. Representations have been submitted on behalf of the persons concerned.

The positions in the State of the persons 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 considered before final decisions are made. Once decisions have been made, these decisions, and the consequences of the decisions, will be conveyed in writing to the persons concerned.

The Deputy should note that as the persons concerned have no current right of residency in the State, they would not be in a position to meet the lawful residency criteria applicable to persons applying to my Department for a Certificate of Naturalisation.

Queries in relation to the status of individual immigration cases may be made directly to the INIS 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.


Last Updated: 01/05/2020 15:51:35 First Page Previous Page Page of 58 Next Page Last Page