Written answers

Tuesday, 2 October 2007

Department of Justice, Equality and Law Reform

Residency Permits

9:00 am

Photo of John CurranJohn Curran (Dublin Mid West, Fianna Fail)
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Question 477: To ask the Minister for Justice, Equality and Law Reform the status of an application for leave to remain by a person (details supplied) in County Dublin. [21922/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person in question is the subject of a Family Reunification application made by his wife in February 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 John CurranJohn Curran (Dublin Mid West, Fianna Fail)
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Question 478: To ask the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in Dublin 22; and the position regarding previous or current applications for leave to remain. [21923/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person in question submitted an application on 4th April, 2005 for permission to remain in the State under the revised arrangements for parents of Irish children born prior to 1st January, 2005, commonly known as the IBC/05 scheme. The application was refused as the applicant did not meet the continuous residency criteria.

My Department is currently appealing a number of matters related to the IBC/05 scheme, including the issue of continuous residency, to the Supreme Court. The application in question may be considered further in the light of the findings of the Court.

Photo of John CurranJohn Curran (Dublin Mid West, Fianna Fail)
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Question 479: To ask the Minister for Justice, Equality and Law Reform the status of an application by a person (details supplied) in Dublin 22 for refugee status. [21924/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person in question submitted an application for asylum to the Office of the Refugee Applications Commissioner on 17th August, 2005. That application was refused on 12th September, 2005. On 7th September, 2005 the individual concerned applied for permission to remain in the State under the revised arrangements for parents of Irish born children born prior to 1st January, 2005, commonly referred to as the IBC/05 Scheme. However, as the closing date for receipt of applications under the IBC/05 scheme was 31st March, 2005 the application was received too late for consideration. Consequently the application and all supporting documentation were returned to the applicant on 26th October, 2005. On 16th November, 2006 the person in question submitted another late application.

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

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour)
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Question 480: To ask the Minister for Justice, Equality and Law Reform the requirements and application procedure for a person from South Africa who has been here for a number of years on a short term visa and who wishes to make an application to remain; and if he will make a statement on the matter. [21931/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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Applications for permission to remain are dealt with on a case by case basis. I understand that the Immigration Division of my Department has been in contact with the person concerned seeking further information and supporting documentation.

On receipt of this documentation, the application will be considered further.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Question 481: To ask the Minister for Justice, Equality and Law Reform his views on the circumstances set out in (details supplied); and if he will make a statement on the matter. [21935/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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Persons who have been legally resident in the State for over five years (ie: 60 months) 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.

An application for long term residency from the person referred to by the Deputy was received on 18th April 2007.

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 July 2006 are currently being dealt with.

I am informed by the Immigration Division of my Department that they will be in touch with the person concerned shortly outlining the options open to her.

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