Written answers

Tuesday, 8 April 2008

Department of Justice, Equality and Law Reform

Residency Permits

9:00 pm

Photo of Mary UptonMary Upton (Dublin South Central, Labour)
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Question 405: To ask the Minister for Justice, Equality and Law Reform if the application by persons (details supplied) in Dublin 12 for long-term residency will be processed without further delay; and if he will make a statement on the matter. [12985/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The position in relation to 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.

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.

The Immigration Division of my Department has received an application for long term residency from the first named person referred to by the Deputy. During the course of processing the application, issues have arisen. The Immigration Division has recently requested clarification from the applicant.

The Immigration Division of my Department received an application for long term residency in September 2005 from the second named person referred to by the Deputy. In November 2005 the person concerned was refused on the grounds that she had insufficient time spent as a dependent of her husband in the State. No subsequent application for long term residency has been received since November 2005.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 406: To ask the Minister for Justice, Equality and Law Reform the progress in determining the residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [12991/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Questions Nos. 103 of Thursday 7 December 2006, 245 of Thursday 25 May 2006, 151 of Thursday 11 May 2006 and 326 of Thursday 6 April 2006 and the written replies to those Questions.

The person concerned arrived in the State on 22 October 2003 and applied for asylum. His asylum 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), the person concerned was informed, by letter dated 16 February 2006, 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 leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been received on behalf of the person concerned and will be fully considered before the file is passed to me for decision.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 407: To ask the Minister for Justice, Equality and Law Reform the position of the residency status in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [12992/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Questions Nos. 485 of Tuesday 4 March 2008 and 684 of Tuesday 21 March 2006 and the written replies to those Questions.

The person concerned arrived in the State on 2 February 2005 and applied for asylum. His asylum 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), the person concerned was informed, by letter dated 30 September 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 leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been received on behalf of the person concerned and will be fully considered before the file is passed to me for decision.

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