Written answers

Thursday, 17 June 2010

Department of Justice, Equality and Law Reform

Residency Permits

5:00 pm

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)
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Question 166: To ask the Minister for Justice, Equality and Law Reform the position regarding the family reunification application in respect of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [26118/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I wish to inform the Deputy that the first named person to whom he refers was granted permission to remain in the State in July of 2005 under the revised arrangements for the non-EEA parents of children born in Ireland prior to 1 January, 2005, known as the IBC/05 Scheme. This permission is currently valid until 12 July, 2010. The person in question is advised to attend her local Immigration Office in order to have that permission to remain in the State extended.

The second named person entered the State on 14 September, 2006 and applied for asylum on 15 September, 2006. This application was refused by the Office of the Refugee Applications Commissioner on 3 October, 2006 and that decision was upheld by the Refugee Appeals Tribunal on 30 November, 2007. The person in question subsequently made an application for subsidiary protection under the European Communities (Eligibility of Protection) Regulations, 2006 S.I. No. 518 of 2006. This application was refused and the person concerned was informed of that decision by letter dated 6 January, 2009. A Deportation Order was subsequently made in respect of the person concerned. The effect of the making of a Deportation Order is that the person who is the subject of the Order is required to leave the State within a specified period and to remain thereafter out of the State. The person in question was deported on 11 March, 2010 following detailed consideration of an application under section 3(11) of the Immigration Act, 1999.

I should add that an express condition of the IBC/05 Scheme is that the granting of permission to remain under the Scheme does not confer any right or legitimate expectation on any person, whether related to the person granted permission or not, to enter or remain in the State. All applicants granted permission to remain under the Scheme signed an undertaking to this effect.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 167: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency or family reunification in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [26138/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I wish to inform the Deputy that the person to whom he refers was granted permission to remain in the State in September of 2005 under the revised arrangements for the non-EEA parents of children born in Ireland prior to 1 January, 2005, known as the IBC/05 Scheme. This permission is currently valid until 22 September, 2010. I should add that the granting of permission to remain under the IBC/05 Scheme does not confer any entitlement or legitimate expectation on any other person, whether related to the person granted permission or not, to enter or remain in the State. All applicants granted permission to remain under the Scheme signed an undertaking to this effect.

It is, however, open to all non-EEA 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 the website www.inis.gov.ie.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 168: To ask the Minister for Justice, Equality and Law Reform the position regarding the residency application in respect of a person (details supplied) in County Dublin; if the proposal to revoke refugee status will be reconsidered in view of the fact that all information sought was correctly and honestly replied to; and if he will make a statement on the matter. [26140/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) that a proposal to revoke refugee status was issued to the person referred to by the Deputy on 31 March 2010 and copied to her solicitors. Subsequently, she authorised a different solicitor to act on her behalf. A letter dated 4 June 2010 issued to her new solicitors allowing a further 10 working days in which to provide any further representations. Until the time allowed has expired, no further consideration of this case will be made. At that stage, all information on file including all representations received will be considered and she will be informed of the outcome.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 169: To ask the Minister for Justice, Equality and Law Reform the procedure to be followed to regularise residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [26143/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Immigration Division of my Department that the husband of the person concerned made an application for residence in the State based on his marriage to a French national on 17 June 2009. The legal representative for the person concerned was informed of the decision to refuse this application on 20 August 2009.

The decision to refuse this application is currently under review and on 14 May, 2010 EU Treaty Rights section wrote to the legal representative for the applicant requesting further documentation in relation to their client's application for residence in the State.

To date EU Treaty Rights section has not received a reply from the applicant or their legal representative.

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