Written answers

Thursday, 21 May 2009

Department of Justice, Equality and Law Reform

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 154: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [20779/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person in question made a Family Reunification application for his wife in November 2004 and subsequently made a second Family Reunification application for his son and daughter in February 2005.

The application for his son and daughter was approved in April 2007. To date there has been no decision made in relation to his wife's application. This is due to the fact that the Family Reunification Section requires original documentation and clarification in relation to some issues.

I am further informed by INIS that the Family Reunification Section wrote to the applicant on the 14th May 2009 in relation to the above, however the address supplied by the Deputy is different to the address held on file.

The Family Reunification Section will re-issue the letter once the applicant has confirmed his current address in writing.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 155: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency status in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [20780/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person in question was the subject of a Family Reunification application which was approved in December 2002.

The person in question has current permission to remain on that basis. This permission to remain is valid up until 1st August, 2009.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 156: To ask the Minister for Justice, Equality and Law Reform the position in regard to the application for family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [20781/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) that there is no record of a Family Reunification application from the person referred to in the Deputy's Question.

However, the person in question was granted a Residence card of a family member of a European Union citizen for a period of five years by the EU Treaty Rights Section on the 14th August, 2008.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 157: To ask the Minister for Justice, Equality and Law Reform the position regarding the application for residency in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [20782/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 15 April 2004. Her application was refused following consideration of her 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 11 November 2005, that the Minister proposed to make a Deportation Order in respect of her. She 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 she should be allowed to remain temporarily in the State. Representations have been received on behalf of the person concerned.

The person concerned was subsequently notified of her entitlement to submit an application for Subsidiary Protection in the State in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). She was also invited to update her earlier representations to the Minister. The person concerned did not submit an application for Subsidiary Protection, however, updated representations were submitted on her behalf.

The case file of the person concerned, including all representations submitted, will now 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 overall consideration has been completed, the file is passed to me for decision.

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