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Written Answers - Citizenship Applications

Thursday, 9 February 2012

Dáil Éireann Debate
Vol. 755 No. 1

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 169.  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 a person (details supplied) in Dublin 24 has been facilitated by way of temporary travel documents to obtain a national passport; and if he will make a statement on the matter. [7474/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The Irish Naturalisation and Immigration Service (INIS) informs me that, as an exceptional measure, the person concerned was issued with an Irish temporary travel document for travel purposes. It is understood that the person now holds a valid national passport. An Irish temporary travel document would not be issued to an individual who holds a valid national passport. The person concerned should contact their own national authorities should they have any issues with their passport.

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.

 170.  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 status and progress made to date in the determination of a decision in respect of naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [7475/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter Officials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy’s question. 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. 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.

 171.  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 of progress made to date in the determination of residency status in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [7476/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The person concerned is the subject of a Deportation Order which was notified to him on 10 June 2010. Judicial Review proceedings were lodged on 24 June 2010 challenging the Deportation Order and the refusal of the application for Subsidiary Protection. Accordingly, as the matter is sub judice I do not propose to [180]comment further. 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 NIS is, in the Deputy’s view, inadequate or too long awaited.

 172.  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 position in regard to the determination of residency and citizenship in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [7477/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in September 2006. The application has been decided and the person concerned has been informed in a letter issued to him on 18 October, 2011 that I intend to grant the application. Before the certificate is granted the person concerned must attend a citizenship ceremony at which he will make a declaration of fidelity to the Irish Nation and loyalty to the State. Officials in the Citizenship Division inform me that the person concerned has submitted the required documents and certification fee and will be allocated a place at the next citizenship ceremony, details of which will be issued shortly, where he will receive his certificate of naturalisation.

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 it is important that appropriate procedures are in place to preserve the integrity of the process. 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.

 173.  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 progress made to date in the determination of naturalisation on the basis of marriage to an Irish citizen in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [7478/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The person concerned was granted temporary permission to remain in the State, on Stamp 4 conditions, on 25 June, 2010. This permission was renewed subsequently until 26 December, 2011. The person concerned applied for a renewal of permission to remain and a decision to grant him permission to remain in the State for a further year was conveyed in writing to him on 20 December, 2011. He should now register with his local Garda Immigration Officer.

Officials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy’s question.

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.

[181]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.

 174.  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 progress made to date in the determination of residency and naturalisation status in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [7479/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I refer the Deputy to my reply to Parliamentary Questions No. 247 of 15 December, 2011 and No. 208 of 19 January, 2012 which are set out below. The position is unchanged since then.

I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was granted permission to remain in the State in 2002 under the arrangements then in place for the non-EEA parents of Irish born children. The permission has been renewed on a regular basis and is currently valid until 22 April, 2012.

An application for a certificate of naturalisation from the person referred to was received in the Citizenship Division of INIS in June 2006. On examination of the application submitted, it was determined that the person in question did not meet the statutory residency requirements as set out in the Irish Nationality and Citizenship Act 1956, as amended. The person concerned was informed of this in a letter issued to him on 21 October, 2006.

Section 15 of that Act provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must—

be of full age

be of good character

have had a period of one year’s continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years

have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—

(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and

(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.

In the context of naturalisation, certain periods of residence in the State are excluded. These include—

periods of residence in respect of which an applicant does not have permission to remain in the State

periods granted for the purposes of study

[182]periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act, 1996.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the prescribed statutory requirements. To date no new application has been received.

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.

 175.  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 an upgrade of stamp 2 to stamp 4 can be granted in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [7480/12]

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 no application has been received from the person for the purposes set out in the Deputy’s question. The person concerned must make an application to the General Immigration Service of INIS to have their case considered.

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.

 176.  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  when stamp 4 will be updated in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [7481/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I refer the Deputy to my reply to Parliamentary Question No. 218 of Tuesday, 19th January, 2012 — copied beneath. The position is unchanged since then.

The person concerned has had her permission to remain in the State renewed for a further two year period, to 7th June, 2012. This decision was conveyed in writing to the person concerned by letter dated 21st July, 2010. This communication advised the person concerned of the conditions attaching to her permission to remain and of the requirement that she attend at her local Garda Registration Office to have the registration process completed. Given that the person concerned does not appear to have completed the registration process to date, it is recommended that she should attend at her local Garda Registration Office without further delay so that the registration formalities can be completed.

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 [183]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.


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