Written answers

Wednesday, 20 March 2024

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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933. To ask the Tánaiste and Minister for Justice and Equality the current position in regard to residency status in the case of a person (details supplied); and if she will make a statement on the matter. [12586/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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My Department is unable to publish any information that would identify any person as being an international protection applicant. This is a separate matter to the law dealing with data protection matters more generally.

My officials and I are legally obliged, under Section 26 of the International Protection Act 2015, to ensure that the identity of any person who applies for international protection is kept confidential. Section 26(1) sets out that:

“the Minister and the Tribunal and their respective officers shall take all practicable steps to ensure that the identity of applicants is kept confidential”.

As I am sure you will appreciate, these confidentiality requirements are especially important for an asylum-seeker, whose claim inherently supposes a fear of persecution by the authorities of their home country and whose situation, or that of their family or friends still living in the country from which they have sought protection, can be jeopardised if the protection of their personal information is not ensured.

An applicant for such protection status, or their legal representative, should contact either the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate if they wish to receive an update on the status of their case.

The International Protection Office may be contacted: by email to info@ipo.gov.ie; by telephone to the IPO Customer Service Centre at 01 6028000 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2.

The International Protection Appeals Tribunal may be contacted either: by email to info@protectionappeals.ie; by telephone at 01-4748400 (or Lo-Call 1890 201 458), or in writing to Corporate Services Division, The International Protection Appeals Tribunal, 6-7 Hanover Street East, Dublin D02 W320.

Both the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) are fully independent in deciding whether or not to grant international protection. Each application is examined individually on its own merits, in line with national and international asylum law. They are also bound by confidentiality provisions in respect of applicants as set out in the International Protection 2015 Act.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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934. To ask the Tánaiste and Minister for Justice and Equality the current residency status in the case of a person (details supplied); and if she will make a statement on the matter. [12588/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I can advise the Deputy that the person referred to does not hold an immigration permission to remain or work in the State, and therefore if they are working in the State, they are doing so illegally.

I can advise the Deputy that the person referred to is the subject of a Deportation Order (DO) and that it is open to any individual to make representations under Section 3(11) of the Immigration Act 1999, as amended, requesting to have their DO revoked.

The applicant may complete form 3.11 to have their DO revoked, pursuant to the provisions of section 3(11) of the Immigration Act 1999 (as amended). Form 3.11 is available at the following link:

view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.irishimmigration.ie%2Fwp-content%2Fuploads%2F2023%2F08%2FForm-3-11-2023.docx&wdOrigin=BROWSELINK

All representations and documentation submitted on this form should set out any new or changed circumstances that were not previously presented. They must also complete a criminal declaration form which is available at the following link:.

view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.irishimmigration.ie%2Fwp-content%2Fuploads%2F2023%2F08%2FCriminality-Declaration-Form-2023.docx&wdOrigin=BROWSELINK

Both forms must be sent either by email to repatadmin@justice.ie or by post to

Repatriation Division,Immigration Service,Department of Justice,13-14 Burgh Quay,Dublin 2,D02 XK70Ireland.

Once their application is processed, they will be informed of the outcome of their request. The outcome of that request will be that the existing DO will either be 'affirmed' or 'revoked'.

If their application is successful, they will receive a letter stating that their DO has been revoked along with a copy of the revocation order. If they are currently residing in the State and do not hold an alternative immigration permission, they will also receive a letter granting them permission to reside in the State.

In the meantime they remain legally obliged to comply with any reporting requirements placed on them by the Garda National Immigration Bureau.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: IMoireachtasmail@justice.ie 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 is, in the Deputy's view, inadequate or too long awaited.

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