Written answers

Tuesday, 27 April 2010

Department of Justice, Equality and Law Reform

Residency Permits

12:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 244: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [16554/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my detailed Reply to his earlier Parliamentary Question, No. 704 of Tuesday, 3 November 2009, and the written Reply to that Question. The position in the State of the person concerned now falls to be considered for Subsidiary Protection 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 application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 245: To ask the Minister for Justice, Equality and Law Reform the position regarding the residency status in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [16555/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The first named person concerned applied for asylum on 2 February 2005. In accordance with Section 9 of the Refugee Act 1996 (as amended), he was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the first named person concerned was notified, 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 a Deportation Order should not be made against him.

Representations have been received on behalf of the first named person concerned and these representations 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. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned. If an asylum application has been made in respect of the second named person, the Deputy will of course be aware that it is not the practice to comment on asylum applications that are pending.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 246: To ask the Minister for Justice, Equality and Law Reform if stamp four will issue to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [16556/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Long Term Residency is granted on the basis that a non-EEA national has completed five years legal residency in the State on work permit / work authorisation / working visa conditions. Residency is calculated from the corresponding Stamp 1 or Stamp 4 endorsements in an applicant's passport and not by the dates of commencement and expiry of each work permit. Periods of time where a person has not had legal residency cannot be counted in any application for long term residency.

It should be noted that dependants of applicants who have been successfully granted Long Term Residency can apply for Long Term Residency but will only be granted a Stamp 3 (Dependants Stamp) for 5 years. In order to apply for Long Term Residency as a Dependant, the applicant must be legally resident in the State as a dependant for the required 60 months. This particular long term permission does not grant an exemption from employment permit requirements to any such dependants. 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. Officials in the Long Term Residency Section of my Department inform me that there is no record of an application from the person in question.

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