Written answers

Thursday, 5 July 2007

Department of Justice, Equality and Law Reform

Residency Permits

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 254: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 15; if the case for review can or will be progressed; and if he will make a statement on the matter. [19692/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 01 March 2001 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner. She failed to appeal the decision within the specified timeframe therefore the Refugee Appeals Tribunal did not consider her application. Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, she was informed by letter dated 8 November 2002, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why she 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 Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 255: To ask the Minister for Justice, Equality and Law Reform when residency status will be confirmed in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [19693/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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Minor children under the age of sixteen who are in the care of non EU national parents who have been granted permission to remain in the State under the IBC/05 scheme, avail of the same permission to remain in the State as that granted to their parents. When such minor children reach sixteen years of age they are obliged to register with the Garda National Immigration Bureau or their local Immigration Officer, in their own right.

In order to register, they must first submit an application, in writing, to remain in the State based on being a family dependant of the parent of an Irish born child who has been granted residency under the IBC/05 scheme. The application should be submitted to Irish Born Child Unit, P.O. Box 10003, Dublin 2 and should be accompanied by the applicant's original passport, original long form birth certificate (translated if not in English), two signed passport size photographs and evidence of dependency. To date, no application in respect of the person in question has been received by my Department.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 256: To ask the Minister for Justice, Equality and Law Reform the position in regard to an operation for family reunification in the name of persons (details supplied) in County Dublin; and if he will make a statement on the matter. [19694/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I am informed by the Immigration Division of my Department that the person in question made an application for Family Reunification on behalf of his mother in May 2007. He then made a further application on behalf of his wife and child in June 2007.

These applications have been forwarded to the Refugee Applications Commissioner for investigation as required under section 18 of the Refugee Act 1996. When these investigations have been completed, the Commissioner will prepare and forward reports to my Department. Upon receipt of these reports the applications will be considered and decisions will issue in due course.

At the present time Family Reunification applications are taking approximately 15-18 months to process.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 257: To ask the Minister for Justice, Equality and Law Reform if he will allow a review of the application for family reunification in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [19695/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I am informed by the Immigration Division of my Department that the Family Reunification applications from the person in question were refused on the 26th June 2007 and a letter outlining the reasons for the refusals issued on the same date. There is no provision under Section 18 of the Refugee Act 1996 to appeal the decision of an application for Family Reunification.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 258: To ask the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied); if he will outline the procedure in such circumstances; and if he will make a statement on the matter. [19696/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I am informed by the Immigration Division of my Department that the person referred to by the Deputy should now attend his local Immigration Office, in order to have the appropriate permission to remain endorsed in his passport.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 259: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in Dublin 6; and if he will make a statement on the matter. [19697/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The persons in question applied for permission to remain in the State on the basis of being parents of an Irish child, born prior to 1st January, 2005 in accordance with the revised arrangements announced on 15th January 2005, commonly referred to as the IBC/05 scheme.

A requirement of the revised arrangements was that each applicant parent resided with their Irish born child in the State on a continuous basis since the child's birth. In this case, the child in question was born in the State on 14th January, 2004. The applicant mother left the State with her child in October 2004 and claimed asylum in the U.K. on 9th November, notwithstanding the fact that she had already claimed asylum in this State. She was returned to the State by the U.K. authorities under the terms of the Dublin Convention on 16th March, 2005. Limited evidence was submitted by the applicant father as to his place of residence since the child's birth. However, he cannot have been residing with the child while the child was with his mother in the U.K. The applicants did not meet the criteria for the granting of permission to remain in the State under the revised processing arrangements insofar as continuous residency is concerned and the applications were refused on this basis.

My Department is currently appealing a number of matters related to the IBC/05 Scheme to the Supreme Court. The matters above will be considered further in the light of the findings of the Court.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 260: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [19698/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 04 February 2005 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. I refer the Deputy to Parliamentary Questions Nos. 99 of Thursday, 26th April 2007, 200 of Wednesday 22nd November 2006, 93 of Thursday, 9th November 2006, 440 of Wednesday, 27th September 2006 and 240 of Thursday, 25th May 2006 and the written reply to those Questions. The position is unchanged.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, she was informed by letter dated 29 December 2005, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why she 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 Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 261: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [19699/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Questions Nos. 99 of Thursday, 26th April 2007, 200 of Wednesday 22nd November 2006, 93 of Thursday, 9th November 2006, 440 of Wednesday, 27th September 2006 and 240 of Thursday, 25th May 2006 and the written reply to those Questions. The position is unchanged.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 262: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied); the procedure to be followed; and if he will make a statement on the matter. [19700/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 17 June 1998 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.

In accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 24 October 2000, 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 the deportation order was made or consenting to the making of the deportation order.

Representations were received on his behalf. On 05 April 2001 as an exceptional measure, he was granted humanitarian leave to remain for one year. This has been renewed annually since that date. On 29 June 2007 he was granted leave to remain for a further year until 28 June 2008.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 263: To ask the Minister for Justice, Equality and Law Reform the position in regard to family reunification for persons (details supplied) in Dublin 24; and if he will make a statement on the matter. [19701/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in October 2006. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation has been completed and the Commissioner has forwarded a report to my Department.

This application will be considered by my Department and a decision will issue in due course. At the present time Family Reunification applications are taking approximately 15-18 months to process.

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