Written answers

Wednesday, 29 November 2006

Department of Justice, Equality and Law Reform

Residency Permits

9:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 131: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the position of the application for leave to remain in the State in the case of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [40720/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 01 July, 2003 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 21 March, 2005, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State; leaving the State before an order is made or consenting to the making of a deportation order. Representations have been received on behalf of the person concerned.

This person's case file, including all representations submitted, will be considered under Section 3(6) of the Immigration Act, 1999, as amended, and Section 5 of the Refugee Act, 1996 (Prohibition of Refoulement). I expect the file to be passed to me for decision in due course.

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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Question 132: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if an application for residency has been received in relation to persons (details supplied) in County Limerick; if so, when it will be processed; and if he will make a statement on the matter. [40761/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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Applications for long-term residence from the persons referred to by the Deputy were received on the 21st August 2006

The position in relation to granting long-term residency is as follows: Persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements.

The dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long-term residency. This particular long-term permission does not grant an exemption from employment permit requirements to any such dependants.

Time spent in the State on student conditions cannot be counted towards long-term residency.

While applications for long-term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date

I understand that applications received in May, 2006 are currently being dealt with. As soon as a decision is made on the case, the persons concerned will be notified.

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