Written answers

Wednesday, 27 October 2010

Department of Justice, Equality and Law Reform

Residency Permits

8:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 365: To ask the Minister for Justice and Law Reform if he will confirm that a work permit for eight years entitles a person (details supplied) in County Kildare leave to remain in the State; and if he will make a statement on the matter. [39177/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The position in relation to the status of Long Term Residency is that, at the date of application, a person applying for such status must have been legally resident in the State for over five years (60 months) on the basis of work permit, work authorisation or working visa conditions. Such applications are made to the Long Term Residency Section of my Department and where such an application is approved, permission to remain for a further five-year period is granted. Persons granted this status are exempt from employment permit requirements.

In addition to the requirement to have completed five years (60 months) of legal residency in the State, on work permit conditions, an applicant for Long Term Residency must have the corresponding Stamp 1 or Stamp 4 endorsements on their Passport during such periods.

In calculating the period of legal residency, my Department only takes into consideration time spent in the State legally on work permit conditions. Periods of time where a person has not had the requisite stamps on their Passport are not counted.

In addition to the basic requirements referred to above, some other conditions must be met. One of these conditions is that an applicant must be of good character. Against this background, each application is forwarded to the Garda National Immigration Bureau for a character check before a decision is made. Applicants who do not satisfy these conditions will not be considered for a grant of Long Term Residency.

In relation to the case of the person concerned, I am advised that an application for Long Term Residency was received from him on 7 March 2008. Following the consideration of this application, a decision was made to refuse the application and this refusal decision was conveyed in writing to the relevant party by letter dated 9 September 2009. The reasons for refusal were set out in that letter.

Arising from the refusal of that application, and given that the person concerned had no other valid basis to remain in the State, the person concerned was notified, by letter dated 18 May 2010, of the proposal to make a Deportation Order in respect of him, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended). 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 submitted on behalf of the 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. When this overall consideration has been completed, the case is submitted 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 Email 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 366: To ask the Minister for Justice and Law Reform the position regarding residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [39178/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my detailed Reply to his recent Parliamentary Question, No. 1052 of Wednesday, 29th September, 2010, in this matter. The position in the State of the person concerned is as set out in that Reply.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email 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 367: 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 County Cork; and if he will make a statement on the matter. [39179/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my Reply to his recent Parliamentary Question, No. 1054 of Wednesday, 29th September, 2010, in this matter. The position in the State of the person concerned is as set out in that Reply.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email 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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