Richard Bruton (Dublin North Central, Fine Gael)
Link to this: Individually | In context

Question 411: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that a person (details supplied) in County Louth has been served with a summons under the Immigration Acts after they issued a complaint against their employer for failing to comply with Employment Acts and Revenue Acts; and if he will agree to a request that the person be allowed remain here pending the outcome of proceedings against their employer. [12923/06]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

The person concerned entered the State on 8 May 2002 on foot of a "D" employment visa. He attended at his local immigration office on 12 June 2002 and he was granted permission to remain on work permit conditions until 29 March 2003. In January 2006 an immigration officer based at the immigration office, Garda station, Drogheda, County Louth became aware that the person concerned was in employment in County Louth and in February 2006 visited premises where he believed the person referred to was living. A request was made, pursuant to the provisions of section 12 of the Immigration Act 2004, to produce a valid passport or equivalent document issued by or on behalf of an authority recognised by the Government, which establishes his identity. He failed to produce such documentation and proceedings have now been commenced against him in respect of an alleged breach of the provisions of sections 12 (1)(a), and (2) and section 13 of the Immigration Act 2004 and he is summonsed to appear at Dundalk District Court on 5 April 2006.

Notification under section 3(4) of the Immigration Act 1999 has now issued to the person concerned as he has remained in the State since the 29 March 2003 without the permission of the Minister for Justice, Equality and Law Reform. He has also engaged in employment without a current work permit which is in direct contravention of the Employment Permits Act 2003.

Under section 3(4) of the Immigration Act 1999, as amended, it is now open to the person concerned to choose one of following options: leave the State before the Minister decides the matter, section 3(4)(b); consent to the making of a deportation order, section 3(4)(c); or make representations to remain temporarily in the State.