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 Header Item Written Answers Nos. 202-211
 Header Item Deportation Orders Re-examination
 Header Item Deportation Orders
 Header Item Deportation Orders
 Header Item Deportation Orders
 Header Item Residency Permits
 Header Item Naturalisation Applications
 Header Item Naturalisation Applications
 Header Item Naturalisation Applications
 Header Item Naturalisation Applications
 Header Item Naturalisation Applications

Thursday, 13 February 2014

Dáil Éireann Debate
Vol. 830 No. 3

First Page Previous Page Page of 77 Next Page Last Page

Written Answers Nos. 202-211

Deportation Orders Re-examination

 202. 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 he will review the proposal in respect of a person (details supplied) in Dublin 12 who has a spouse and three children, the latter having received a full education here, the family having integrated with their local community, which is strongly supportive of their cause, and the person concerned being self-employed and his family completely self-sufficient; if the case can be urgently reviewed; and if he will make a statement on the matter.  [7436/14]

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 and therefore has no entitlement to residency in the State.

  Representations were received on behalf of the person concerned asking that his Deportation Order be revoked, in accordance with the provisions of Section 3(11) of the Immigration Act, 1999 (as amended). This application is under consideration at present. When a decision has been made on that application the outcome of that decision will be conveyed in writing to the person concerned.

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

Deportation Orders

 203. 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 residency status and-or eligibility to seek naturalisation in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter.  [7437/14]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The person concerned is a failed asylum applicant. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 8th July, 2010, that the then Minister proposed to make a Deportation Order in respect of her. She was 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 then Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for subsidiary protection.

The person concerned initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. The judicial review proceedings were struck out on 13th May, 2013 meaning that the earlier decisions of the Refugee Appeals Tribunal and the then Minister stood.

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 Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. Any representations submitted will be considered before a final decision is made. Once a final decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.

Given that the person concerned has no current right of residency in the State, the issue of an application for a Certificate of Naturalisation does not arise at this time.

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.

Deportation Orders

 204. 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 residency status and-or eligibility to apply for naturalisation in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter.  [7438/14]

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 and therefore has no entitlement to residency in the State.

  I am satisfied that the applications made by the person concerned for asylum and all refoulement issues were fully considered prior to making the Deportation Order. His case was also examined under Section 3(11) of the Immigration Act 1999 (as amended).

  The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

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

Deportation Orders

 205. 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 residency status and-or eligibility for long-term residency in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter.  [7439/14]

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 and therefore has no entitlement to residency in the State.

  The case of the person concerned was considered under Section 5 of the Refugee Act, 1996, as amended, Section 3(6) of the Immigration Act 1999, as amended, Section 4 of the Criminal Justice (United Nations against Torture) Act 2000, and the European Convention on Human Rights Act 2003. Refoulement was not found to be an issue in this case. Therefore the decision to deport him is justified.

  The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State. The enforcement of the Deportation Order remains an operational matter for the Garda National Immigration Bureau.

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

Residency Permits

 206. 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 residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter.  [7440/14]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter As the Deputy is aware, if the person whose details were supplied has made application for asylum or subsidiary protection, the position is that it is not the practice to comment on such applications for so long as they are in the protection process.

  I can say that the person concerned has submitted an application for leave to remain in the State based on the principles of the Zambrano judgment. When consideration of this application has been completed the person will be notified in writing of the outcome.

Naturalisation Applications

 207. 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 determination of application of naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [7441/14]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I can inform the Deputy that the application has entered the final stage of processing and I intend to grant citizenship. A letter has issued to the person referred to by the Deputy asking her to submit the prescribed fee and other documents. When the fee and documentation has been received, a certificate of naturalisation will issue to the person concerned on behalf of her minor child.

  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.

Naturalisation Applications

 208. 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 to facilitate validation of an application for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [7442/14]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, 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

- intend in good faith to continue to reside in the State after naturalisation

- 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.

  A foreign national who is married to, or is the Civil Partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.

  Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.

  It is open to the person concerned to lodge a fresh 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. An online residency calculator is available on the website www.inis.gov.ie which may be of assistance in establishing if the residency requirements are met.

  I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that applicants who are EU citizens for more than five years are required to submit proof of residence in the State for a total of five years in the last nine years, to include the year prior to application. Three different proofs of residence for each year showing name and address i.e. household bills (gas, electricity, phone or cable/satellite TV), bank statements, revenue letters, mortgage agreement, social welfare, letter from employment, doctors letter etc. are required.

  If an applicant is an EU citizen for less than five years they should submit a copy of their passport showing permission to remain stamps from date of arrival in the State to date of becoming an EU citizen and proof of residence in the State from date of becoming an E.U. citizen to date of application. As previously stated three different proofs of residence for each year showing name and address for this period i.e. household bills (gas, electricity, phone or cable/satellite TV), bank statements, revenue letters, mortgage agreement, social welfare, letter from employment, doctors letter etc. are required.

Naturalisation Applications

 209. 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 to facilitate validation of an application for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [7443/14]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, 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

- intend in good faith to continue to reside in the State after naturalisation

- 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.

  A foreign national who is married to, or is the Civil Partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.

  Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.

  It is open to the person concerned to lodge a fresh 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. An online residency calculator is available on the website www.inis.gov.ie which may be of assistance in establishing if the residency requirements are met.

  I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that applicants who are EU citizens for more than five years are required to submit proof of residence in the State for a total of five years in the last nine years, to include the year prior to application. Three different proofs of residence for each year showing name and address i.e. household bills (gas, electricity, phone or cable/satellite TV), bank statements, revenue letters, mortgage agreement, social welfare, letter from employment, doctors letter etc. are required.

  If the applicant is an EU citizen for less than five years they should submit a copy of their passport showing permission to remain stamps from date of arrival in the State to date of becoming an EU citizen and proof of residence in the State from date of becoming an EU citizen to date of application. As previously stated three different proofs of residence for each year showing name and address for this period i.e. household bills (gas, electricity, phone or cable/satellite TV), bank statements, revenue letters, mortgage agreement, social welfare, letter from employment, doctors letter etc. are required.

Naturalisation Applications

 210. 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 residency status and-or progress in respect of determination of residency or naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter.  [7444/14]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter 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.

  I can inform the Deputy that processing of the application is well advanced and the case will be submitted to me for decision as expeditiously as possible.

  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.     

Naturalisation Applications

 211. 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 in regard to the determination of eligibility for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter.  [7445/14]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter 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 first reference mentioned by the Deputy is correct. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.

  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.     


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