Written answers

Thursday, 26 June 2008

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 151: To ask the Minister for Justice, Equality and Law Reform if the existing residency status will allow a person (details supplied) in Dublin 20 to travel to Brussels with their daughter who is required to attend at the Angolan Embassy there and return to Ireland without prejudice to their residency or naturalisation; and if he will make a statement on the matter. [25220/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned was granted permission to remain in the State under the revised arrangements for non-EEA parents of children born in Ireland prior to 1st January, 2005, known as the IBC/05 Scheme. This permission to remain in the State is currently valid until 13th February, 2010. Minor children under sixteen years of age who are in the care of their parent(s) avail of the same permission to remain in the State granted to their parents. Short term travel outside of the State, such as that referred to by the Deputy, will not prejudice the applicant's current permission to remain.

As a visa required national, the person concerned is obliged to have the appropriate re-entry visa endorsed on their passport prior to leaving the State. The person concerned is advised to ensure that her daughter, who is accompanying her on the trip, is also documented accordingly. Comprehensive guidelines on making a re-entry visa application can be found on www.inis.gov.ie.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 152: To ask the Minister for Justice, Equality and Law Reform the current or expected position in regard to residency or naturalisation in the case of a person (details supplied) in Dublin 12; and if he will make a statement on the matter. [25221/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 1 June 2000 and claimed asylum. His application was refused by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

The person concerned was informed by letter dated 1 March, 2002 that the Minister proposed to make a Deportation Order in respect of him and afforded him three options in accordance with Section (3)(3)(b)(ii) of the Immigration Act, 1999, as amended, namely to leave the State voluntarily, to consent to the making of a Deportation Order or to submit, within 15 days, written representations to the Minister setting out the reasons why he should not be allowed to remain temporarily in the State i.e. why they should not be deported.

On 27 April 2005 the then Minister refused him permission to remain in the State and instead signed a Deportation Order in respect of him. Notice of this order was served by registered post requiring him to present on the 12 of May 2005 at the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2. He failed to present as requested and was subsequently classed as an evader. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order remains an operational matter for the Bureau.

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