Written answers

Thursday, 24 June 2010

Department of Justice, Equality and Law Reform

Residency Permits

4:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 170: To ask the Minister for Justice, Equality and Law Reform the position regarding residency in the case of a person (details supplied) in Dublin 11; and if he will make a statement on the matter. [27480/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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As the name and reference number supplied by the Deputy do not match, it is not possible to definitively identify the person to whom the Deputy is referring in his Question. However, if the Deputy wishes to re-submit his Question with the correct details included, I will be happy to provide a substantive response.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 171: To ask the Minister for Justice, Equality and Law Reform the position regarding residency in respect of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [27481/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy has no application pending for residency. The person concerned is the subject of a Deportation Order following a comprehensive and thorough examination of his asylum claim, and a comprehensive and thorough examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).

The person concerned submitted an application for permission to remain in the State on the basis of his marriage to an Irish national, which was refused. The person concerned also submitted an application for residency under EU Treaty Rights. This was refused as the spouse of the person concerned is an Irish citizen and therefore Directive 2004/38/EC does not apply. 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 is an operational matter for the Garda National Immigration Bureau.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 172: To ask the Minister for Justice, Equality and Law Reform the position regarding residency or naturalisation in respect of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [27482/10]

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, a Sierra Leone national, was granted permission to remain in the State under Stamp 4 conditions on 5 February 2001 under the arrangements then in place for the non-EEA parents of Irish citizen children. His latest permission expired on 23 November, 2009 and has not been renewed pending clarification about his situation in the State. In this regard, the person in question will shortly be written to and informed of any decision made regarding his status in the State.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 173: To ask the Minister for Justice, Equality and Law Reform the position regarding residency in respect of a person (details supplied) in Dublin 11; and if he will make a statement on the matter. [27483/10]

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 628 of Tuesday, 19 January 2010. The person concerned now falls to be considered for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 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. Due to the high volume of cases on hands, it is not possible to say when the case of the person concerned will be finalised. However, the Deputy can be assured that this case will be processed to completion as soon as possible.

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