Written answers

Wednesday, 12 January 2011

Department of Justice, Equality and Law Reform

Residency Permits

2:30 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 517: 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. [48470/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to the Reply given to his Parliamentary Question No. 1108 Wednesday, 25 September 2010 and Parliamentary Question No. 147 Thursday, 25th November 2010. The status of the person concerned, as set out in that reply, remains unchanged.

The person concerned is the subject of a Deportation Order following a comprehensive and thorough examination of his asylum claim and a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).

If there has been a change in the circumstances of the person concerned, or new information has come to light which has a direct bearing on his case, there remains the option of applying to me for revocation of the Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999, as amended. However I wish to make clear that such an application would require substantial grounds to be successful.

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 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 518: 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 Kildare; and if he will make a statement on the matter. [48471/10]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 542: To ask the Minister for Justice and Law Reform the position regarding residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [48496/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 518 and 542 together.

I refer the Deputy to the Reply given to his Parliamentary Question No. 218 on 2 December 2009 and to his Parliamentary Question No. 168 on Wednesday, 3 November 2010. The status of the person concerned is as set out in that Reply.

The Deputy might wish to note that the person concerned is the subject of a Deportation Order, is evading deportation, and is therefore illegally present in the State. Should she come to the notice of the Gardaí, she would be liable to arrest and detention. The person concerned should, therefore, present herself to the GNIB without any further delay.

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 519: To ask the Minister for Justice and Law Reform if he will consider extending residency in respect of a person (details supplied) in County Meath in view of the fact that their spouse has residency status here since 2001; and if he will make a statement on the matter. [48472/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned is the subject of a Deportation Order, made following the consideration of her case under Section 3 of the Immigration Act 1999 (as amended). This Order was served on the person concerned by registered post dated 25 November 2010. This placed a legal obligation on her to 'present' at the Offices of the Garda National Immigration Bureau (GNIB) in order that arrangements could be made for her deportation from the State.

The person concerned failed to 'present' as required and is therefore classified as a person evading deportation. As a person evading deportation, the person concerned is liable to arrest and detention for the purposes of effecting her deportation from the State. Against this background, the person concerned should, therefore, present herself to the GNIB without further delay.

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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