Written Answers - Residency Permits

Thursday, 15 December 2011

Dáil Éireann Debate
Vol. 750 No. 2

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  241.  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 residency in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [40721/11]

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) that the person referred to by the Deputy was granted permission to remain in the State based on his parentage of an Irish born citizen child in 2000. This permission has been renewed on a number of occasions and is currently valid to 30 January 2012. The person concerned should attend the Garda National Immigration Bureau (GNIB) two weeks before the expiry date of his current permission to register and renew his permission.

I should add that an application for a certificate of naturalisation from the individual referred to was received in the Citizenship Section of my Department in April 2008 and my predecessor decided in his absolute discretion to refuse the application. The person concerned was informed of that decision in a letter issued to him on 30 November 2010. It is open to the person concerned to make a new application at any time.

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.

  242.  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 or expected position in regard to residency and citizenship in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [40722/11]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter  Zoom on Alan Shatter  The persons concerned are failed asylum seekers. Their respective applications for Subsidiary Protection were considered and refused. Deportation Orders were made in respect of the persons concerned and these Orders were served by registered post which placed a legal obligation on them to leave the State.

The persons concerned initiated judicial review proceedings in the High Court, challenging the decisions to refuse them Subsidiary Protection and to make Deportation Orders in respect of them. As these proceedings are ongoing, it would not be appropriate for me to comment further on the cases of the persons concerned at this time.

Given that the persons concerned have no current right of residency in the State, the issue of applications for citizenship do not arise at this time.

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 [518]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.

  243.  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 or expected position in regard to residency and update of stamp 4 or naturalisation in the case of a person (details supplied) in Dublin 11; and if he will make a statement on the matter. [40723/11]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter  Zoom on Alan Shatter  The person concerned had her status as a refugee revoked in March, 2010. She was subsequently granted Permission to Remain in the State for the twelve month period to 4th February, 2012. This position still obtains.

An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) in October 2007.

Arising from the revocation of her status as a refugee, 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 her on 19 November, 2010.

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—

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

[519]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. 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.

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.


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