Written answers

Thursday, 30 January 2014

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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167. To ask the Minister for Justice and Equality the position regarding residency status/eligibility for naturalisation in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [4821/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned has not renewed her permission to be in the State since the expiration of her permission on 10 May 2010. Neither has she made an application to INIS to have her immigration status regularised as advised in the reply to Parliamentary Question Number 200 on 26 September 2013.

Therefore it would appear that she has remained here without the appropriate permission which is in breach of Section 5(1) of the Immigration Act 2004 which provides that no non-national may be in the State other than in accordance with the terms of any permission given to him by the Minister. Furthermore, Section 5(2) of the Act provides that a non-national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.

The person concerned should immediately contact the General Immigration Section of INIS.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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168. To ask the Minister for Justice and Equality the current and expected residency status in the case of persons (details supplied) in County Dublin; if in the circumstances, their deportation order might be reviewed; and if he will make a statement on the matter. [4822/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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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 from 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

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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169. To ask the Minister for Justice and Equality the current and expected residency status in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [4823/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned was granted temporary permission to remain in the State on 1 December, 2005 for an initial two year period, under the revised arrangements applicable to the non-EEA national parents of Irish born children born in the State before 1 January, 2005, more commonly known as the IBC/05 Scheme. This permission was renewed for a further three years in 2007. His permission was subsequently renewed by the Garda National Immigration Bureau (GNIB), with the latest permission due to expire on 29 November, 2015.

An application for a certificate of naturalisation has been received from the person concerned. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and is at an advanced stage. Further information was requested from the person concerned in a letter issued on 15 January 2014. Once the requested information has been received and assessed the case will be finalised and submitted to me for decision.

Queries in relation to general immigration matters may be made directly to the Irish Naturalisation and Immigration Service (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.

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