Written answers

Thursday, 12 May 2011

Department of Justice, Equality and Defence

Work Permits

3:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 121: To ask the Minister for Justice and Equality the position regarding the case of a person (details supplied) in County Kildare who has lived and worked here continuously from 2001 to 2009 on foot of work permit and has now again secured employment but requires update of stamp 4, does not require a work permit having spent more than five years here in permanent employment, has financial commitments for which they are liable and urgently requires update of stamp 4 to fulfil their obligations; and if he will make a statement on the matter. [11146/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned had worked in the State for a number of years on foot of employment permits, the last of which lapsed on 24th February 2009. His application for Long Term Residency, made on 7th March, 2008, was refused, a decision conveyed in writing to him by letter dated 9th September, 2009.

Arising from the refusal of his Long Term Residency application, and given that the person concerned had no other valid basis to remain in the State, he was notified, by letter dated 18th 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.

The position in the State of the person concerned will now 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.

As a person with no right of residency in the State, the person concerned is not entitled to seek or enter employment in the State at this time.

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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