Written answers

Thursday, 19 May 2011

Department of Justice, Equality and Defence

Deportation Orders

11:00 am

Photo of Michelle MulherinMichelle Mulherin (Mayo, Fine Gael)
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Question 100: To ask the Minister for Justice and Equality the immigration status of a person (details supplied); and the steps they may take to regularise their position. [12138/11]

Photo of Alan ShatterAlan Shatter (Minister, Department of Justice, Equality and Defence; Dublin South, Fine Gael)
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The person concerned was admitted into the State on 18th August, 2003 and was granted permission to remain in the State until 30th August, 2003. She has remained in the State since that date without the permission of the Minister.

Consequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 26th August, 2005, 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 she should not have a Deportation Order made against her.

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.

The Deputy may wish to note that the position in the State of the person concerned is not such as would enable her to be employed or to set up in business in the State without the permission of the Minister for Enterprise, Jobs and Innovation.

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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