Written answers

Tuesday, 17 June 2008

Department of Justice, Equality and Law Reform

Residency Permits

11:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 820: 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 Limerick; and if he will make a statement on the matter. [23192/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am advised by officials in the Long Term Residency section of my Department that there is no record of an application for Long Term Residency from the person in question.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 821: To ask the Minister for Justice, Equality and Law Reform the position in relation to the family reunification application by a person (details supplied) in County Louth; and if he will make a statement on the matter. [23193/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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My Department has no record of receiving a Family Reunification application in respect of the person concerned. The person's wife was granted permission to remain in the State under the revised arrangements for non EEA parents of children born in Ireland prior to 1 January, 2005, known as the IBC/05 scheme, subject however to the condition that she accepted that the granting of the permission does not confer any entitlement or legitimate expectation on any other person, whether related to her or not, to enter the State.

It is open to all non-nationals, who are resident outside the State, and who are visa- required to enter the State, to apply to their nearest Irish Embassy or Consulate for an entry visa. Comprehensive guidelines on making a visa application can be found on www.inis.gov.ie.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 822: 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 Meath; and if he will make a statement on the matter. [23194/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 169 of Thursday 29 May 2008 and the written Reply to that Question.

The person concerned arrived in the State on 26 April 2005 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, 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 9 November 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 were submitted by the person concerned.

The person concerned has also submitted an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006) and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the case file of the person concerned is passed to me for decision.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 823: 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 Waterford; and if he will make a statement on the matter. [23195/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 26 September 2005 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, 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 8 August 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 submitted on behalf of the person concerned and will be fully considered, under Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 824: 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 12; and if he will make a statement on the matter. [23196/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I have sought a report on the matter from the Irish Naturalisation and Immigration Service (INIS). When I have received this report, I will then write to the Deputy directly.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 825: 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 8; and if he will make a statement on the matter. [23197/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned was granted permission to remain in the State in 2002 under the procedures then in place for the non-EEA parents of children born in Ireland. The permission granted was for an initial period of twelve months. Under the terms of the procedures then in place, applicants, such as the person concerned, are not required to keep in contact with my Department unless there is a change in their circumstances. The renewal or extension of an applicant's permission to remain is a matter for the Garda National Immigration Bureau. I am informed that the most recent permission to remain granted to the person concerned was valid until 18 May, 2008. Since that date my Department has received no further correspondence from the person.

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