Written answers

Wednesday, 29 September 2010

Department of Justice, Equality and Law Reform

Residency Permits

11:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 974: To ask the Minister for Justice and Law Reform the position regarding residency in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [32582/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Immigration Division of my Department that an application for residence based on EU Treaty Rights has been recently received in respect of the person referred to by the Deputy.

Applications based on EU Treaty Rights are processed within a six-month time frame. A decision will issue to the applicant in due course.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 975: To ask the Minister for Justice and Law Reform the position regarding residency in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [32583/10]

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 made an application for permission to remain in the State.

I am further informed by INIS that a letter recently issued to the person concerned requesting further documentation. On receipt of said documentation their application will be considered further.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 976: To ask the Minister for Justice and Law Reform the reason a person (details supplied) in Dublin 20 does not meet the statutory residency requirements; when it is likely that they will be in a position to meet same; and if he will make a statement on the matter. [32584/10]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1132: To ask the Minister for Justice and Law Reform when renewal of the Garda National Immigration Bureau card and stamp 4 will be arranged in respect of a person (details supplied) in Dublin 20; and if he will make a statement on the matter. [33010/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 976 and 1132 together.

I wish to inform the Deputy that the person in question was granted permission to remain in the State in September 2007 on the basis of being a family dependent of a person who was granted permission to remain in the State as the parent of an Irish born child. I am informed that this permission has been renewed on a yearly basis up to 10 September 2010 and I would advise the person concerned to present to her local Immigration Office for renewal of her permission to remain in the State.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 977: To ask the Minister for Justice and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 20; and if he will make a statement on the matter. [32585/10]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1035: To ask the Minister for Justice and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 20; and if he will make a statement on the matter. [32643/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 977 and 1035 together.

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, signed on 20 April 2010, following a comprehensive and thorough examination of his asylum claim and his application for subsidiary protection, and a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).

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.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 978: To ask the Minister for Justice and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 20; and if he will make a statement on the matter. [32586/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I wish to inform the Deputy that the person concerned was granted permission to remain in the State 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. I am informed that this permission is currently valid until 9 May 2011 and may be renewed at her local Immigration Office two weeks in advance of that date.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 979: To ask the Minister for Justice and Law Reform the position regarding an application for residency in that case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [32587/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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There is currently no application pending in my Department for residency in the case of the person whose details were supplied.

If an application for asylum has been made by the person concerned the Deputy will of course be aware that it is not the practice to comment on asylum applications that are pending.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 980: To ask the Minister for Justice and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [32588/10]

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. 316 of Tuesday, 16 February 2010, in this matter.

The case of the person concerned now falls to be considered for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006. 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.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 981: To ask the Minister for Justice and Law Reform when an application for family reunification will be decided on in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [32589/10]

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 made a Family Reunification application with respect to his wife in January 2009.

The application was forwarded to the Office of the Refugee Applications Commissioner as required under Section 18 of the Refugee Act 1996. The investigation was completed in June 2009 and a report was forwarded to INIS.

I am further informed by the Irish Naturalisation and Immigration Service that a letter issued on the 17th June 2010 to the person's legal representatives advising them of the current position of their client's application.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

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