Written answers

Wednesday, 26 September 2007

Department of Justice, Equality and Law Reform

Residency Permits

10:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 944: To ask the Minister for Justice, Equality and Law Reform the position regarding residency status in the case of persons (details supplied) in Dublin 24; and if he will make a statement on the matter. [20309/07]

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 a decision on the Family Reunification application was issued to the person in question to the address held on file on the 22nd August 2006. A change of address in respect of the person concerned was recently received and the decision has been re-issued to the new address.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 945: To ask the Minister for Justice, Equality and Law Reform if and when family reunification will be approved in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [20310/07]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 990: To ask the Minister for Justice, Equality and Law Reform if he will review the application for reunification in the case of a person (details supplied) in County Dublin and that their absence from this jurisdiction to attend their mothers funeral be disregarded and that the urgent consequent need for reunification be noted; and if he will make a statement on the matter. [20355/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 945 and 990 together.

I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in November 2005. 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 up to 24 months to process.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 946: To ask the Minister for Justice, Equality and Law Reform when a permanent residency card will issue in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [20311/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I informed the Deputy in my answer to parliamentary question no. 636 dated 26th June 2007 that the application for a permanent residency card by the person in question was refused under Regulation 3(2) of S.I. 656 of 2006 (Free Movement of Persons Regulations), on 23 May 2007. This Regulation requires that in order to avail of residency rights under these Regulations, applicants must submit evidence showing lawful residence in another EU Member State prior to arrival in Ireland.

The vires of this Regulation was recently upheld in the High Court. The matter is under appeal to the Supreme Court. Although the applicant is not eligible under these Regulations for residency under EU Treaty Rights I am informed that the person in question has renewed her current permission to remain in the State under national provisions which is valid until end of June 2008.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 947: 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 15; and if he will make a statement on the matter. [20312/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The first named person arrived in the State 14 October, 2001 as an unaccompanied minor 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 24 June, 2003, 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 were received on behalf of the person concerned. I expect the file to be submitted to me for decision in due course.

The second named person arrived in the State on 09 April, 2001 as an unaccompanied minor. She was re-united with her sister who was residing legally in the State. She made an application for Family Reunification in May, 2001. She was granted Family Reunification on 10 September, 2004. The second named applicant is currently registered to remain in the State until 30 August 2008. The two persons named had a child together in the State on 07 March, 2005. They married in the State on 27 June, 2005.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 948: To ask the Minister for Justice, Equality and Law Reform the position in regard to family reunification in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [20313/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to my previous answer to Parliamentary Question No. 662 put down for answer on the 26th June 2007. The person in question made an application for Family Reunification in May 2006. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation is 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 up to 24 months to process.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 949: To ask the Minister for Justice, Equality and Law Reform the position in the case of a person (details supplied) in Dublin 8 who applied for residency/permission to remain in the State; and if he will make a statement on the matter. [20314/07]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 988: 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 7; if he will facilitate progress in the issue; and if he will make a statement on the matter. [20353/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 949 and 988 together.

I refer the Deputy to Parliamentary Questions No. 318 and 365 of Wednesday, 27 September, 2006, No. 182 of Thursday, 22, June 2006, No. 703 of Tuesday, 25 April, 2006, No. 200 of Thursday, 10 November, 2005, No. 267 of Thursday, 27 October, 2005 and No. 132 of Thursday, 29 September, 2005 and the written replies to those Questions. The position is unchanged.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 950: To ask the Minister for Justice, Equality and Law Reform the current or expected position in regard to the application for family reunification in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [20315/07]

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 March 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 up to 24 months to process.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 951: To ask the Minister for Justice, Equality and Law Reform when consideration of the case for residency status will be concluded for a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [20316/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 254 of Thursday, 5 July, 2007 and the written reply to that Question. The person concerned and her two children 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. Her children were included in this refusal. 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 deportation orders in respect of herself and her two children. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why they should be allowed to remain temporarily in the State; leaving the State before orders were made or consenting to the making of deportation orders. Representations have been received on behalf of the person concerned and her children.

The person concerned and her two children have, as an exceptional measure, been granted permission to remain in the State for three years until 14 August, 2010, subject to certain conditions. This was notified to her by letter dated 14 August, 2007.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 952: To ask the Minister for Justice, Equality and Law Reform the position in relation to the application to remain here in the case of a person (details supplied); and if he will make a statement on the matter. [20317/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The Immigration Division of my Department has been in touch with the person concerned outlining the options open to her concerning her application for permission to remain in the State.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 953: 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 22; if progress has been made in respect of family reunification for another person; and if he will make a statement on the matter. [20318/07]

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 and his wife and two children were admitted into the State under Government decision as Resettlement Quota Refugees in September 2003. The person in question made a Family Reunification application in September 2006. This application is under consideration by my Department and a decision will issue in due course. At the present time Family Reunification applications are taking up to 24 months to process.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 954: To ask the Minister for Justice, Equality and Law Reform the current or expected status of persons (details supplied) in Dublin 22; and if he will make a statement on the matter. [20319/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person in question was originally granted permission to remain in the State based on his parentage of an Irish born child under the particular scheme which existed at that time. This permission has been renewed for the person concerned until 03/10/2011. The permission to remain in the State granted to the person mentioned is conditional on him continuing to reside in a family unit with the Irish citizen child in question. In the event that the person in question's circumstances change in the future, he should notify the Irish Naturalisation and Immigration Service of my Department immediately as it may affect his residency in the State.

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