Written answers

Tuesday, 7 December 2010

Department of Justice, Equality and Law Reform

Residency Permits

11:00 am

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 191: To ask the Minister for Justice and Law Reform the position regarding the status of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [46453/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Travel Document Unit of the Irish Naturalisation and Immigration Service (INIS) informs me that the person referred to in the Deputy's question is the holder of temporary permission to remain in the State until 29 May 2011 granted to him on an exceptional basis.

INIS informs me that the person concerned was issued with a temporary travel document on 19 November 2009 valid for one year for the sole purpose of allowing him travel to procure his national passport. He was informed that this temporary travel document would not be renewed as it was being issued to him on a discretionary basis.

I am advised that provided the Garda National Immigration Bureau is satisfied that he meets the necessary requirements for registration, he would be issued with a Certificate of Registration. In order to obtain this Certificate or renew an existing registration the person concerned is required under Section 9(2)(a) of the Immigration Act, 2004 to produce a passport issued by an authority recognised by the Irish government which establishes his identity and nationality, unless he can give a satisfactory explanation of the circumstances which prevents him from doing so.

It is now a matter for the person concerned to contact his own national authorities in order to obtain his passport. I am informed that the DR Congo Embassy in London is the appropriate office to contact in relation to this. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made direct 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 192: To ask the Minister for Justice and Law Reform the procedure to be followed to renew the Garda National Immigration Bureau card in the case of a person (details supplied) in Dublin 15 whose passport was seized by immigration section at the airport; and if he will make a statement on the matter. [46454/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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On 8 January 2010, the person referred to by the Deputy arrived at Dublin Airport from Lisbon, Portugal. She had two passports in her possession and further enquiries revealed she had presented a third passport to immigration authorities here in relation to an application for residency. All three passports contained some identical information and the Garda National Immigration Bureau commenced an investigation to determine the true identity of the person concerned. As part of that investigation, an Angolan passport in possession of the person concerned was retained.

This passport was returned to the person concerned on the 15 November 2010. On that date the said person provided additional information which it is anticipated will facilitate bringing the investigation to establishing the true identity of the person in question to a conclusion.

On 3 December 2010, a letter was sent to the named person from the Garda National Immigration Bureau requesting her to present at the Registration Office, GNIB, Burgh Quay for the purpose of obtaining a permission to be in the State.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 193: 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 Meath; and if he will make a statement on the matter. [46455/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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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 person concerned was notified, by letter dated 18 May 2009, 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. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection. 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 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 194: To ask the Minister for Justice and Law Reform the position regarding an application for residency in the case if a person (details supplied) in County Meath; and if he will make a statement on the matter. [46456/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 30 June 2010, that the Minister proposed to make Deportation Orders in respect of her and her child. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against her and her child. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection. 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 and her child 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 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 195: 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 Wicklow who is married to an Irish citizen and has two children; and if he will make a statement on the matter. [46457/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Spouse of Irish National Unit of the Irish Naturalisation and Immigration Service (INIS) informs me that they wrote to the person concerned on 03 December 2010 requesting further documentation in relation to his application for residency in the State on the basis of his marriage to an Irish national.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made direct 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 196: To ask the Minister for Justice and Law Reform the progress to date in determination of residency entitlement in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [46458/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 24 August 2010, that the Minister proposed to make a Deportation Order in respect of her. She 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 her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection. 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 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 197: To ask the Minister for Justice and Law Reform the reason a passport was seized by the Garda National Immigration Bureau in the case of a person (details supplied) in Dublin 7; when the GNIB card will be renewed as they are unable to arrange same without passport; and if he will make a statement on the matter. [46459/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person referred was granted permission to remain in the State following consideration of an application made to the Irish Naturalisation & Immigration Service (INIS) under the Irish Born Child Scheme (IBC/02).

On 28 October 2010, the person attended at the Garda National Immigration Bureau, pursuant to section 9, Immigration Act, 2004, for the purpose of registering his permission to remain in the State. The person presented a passport during this process which, when examined, was discovered not to contain security features which should properly be contained in such a document. The passport document was retained by the Immigration Officer so that further enquiries relating to its authenticity could be made.

These enquiries will be completed as expeditiously as possible to allow a decision to be made regarding the granting, or otherwise, of a permission to remain in the State to the person referred to.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 198: 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 Dublin; and if he will make a statement on the matter. [46460/10]

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 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 to remain was renewed in March of 2010, and is currently valid until 14 March 2013.

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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