Written answers

Tuesday, 5 July 2011

Department of Justice, Equality and Defence

Residency Permits

9:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 475: To ask the Minister for Justice and Equality the position regarding residency in the case of a person (details supplied) in Dublin 15 whose passports were confiscated on 24 January 2011, who has been in this jurisdiction since 2003; if he will re-examine this case; and if he will make a statement on the matter. [18550/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I wish to inform the Deputy that the person concerned was granted permission to remain in the State on 17 November, 2005 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. The permission to remain was renewed for a further three years in 2007 until 17 November 2010. However, I have been informed by Garda National Immigration Bureau (GNIB) that the person concerned (and his spouse) attended on 24 January, 2011, for the purpose of complying with the obligation to register as a non-national.

The person (and his spouse) presented documentation during this process, which, on examination, was discovered not to contain certain security features which should be affixed to appropriately issued documentation. Consequently, possession was taken of the said documentation for the purpose of being subjected to more detailed examination and it has transpired that the documents, while genuine, had been altered since they were issued. Accordingly, GNIB cannot register the person concerned (and his spouse) with the permission to remain granted under the IBC/05 Scheme.The case files of the person concerned (and his spouse) will now be considered by the Irish Naturalisation and Immigration Service with a view to deciding on their future status in the State, which will be conveyed in writing to them in due course.

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 476: To ask the Minister for Justice and Equality the current or expected position regarding family reunification in the case of a person (details supplied) in Dublin 15 who is an Irish citizen; and if he will make a statement on the matter. [18551/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am advised by my officials that the application in question was granted on 26 February 2008 and that the decision was conveyed in writing to the applicant's solicitors on that date. The Deputy previously received this information in reply to Parliamentary Question no 841 of 17 June, 2008.

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 477: To ask the Minister for Justice and Equality the current or expected residency status including naturalisation in the case of a person (details supplied) in County Cork who has lived here for six and a half years; and if he will make a statement on the matter. [18552/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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As the name of the person referred to by the Deputy does not match the reference number supplied, it is not possible to provide the information sought at this time. However, if the Deputy wishes to provide the correct name and reference number a substantive reply will issue.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 478: To ask the Minister for Justice and Equality the current or expected residency status including naturalisation in the case of a person (detail supplied) in County Limerick; and if he will make a statement on the matter. [18553/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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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 4th December, 2008, 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 provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection and, following the consideration of this application, it was determined that the person concerned was not eligible for Subsidiary Protection. The person concerned was notified of this decision by letter dated 27th June, 2011. The case file of the person concerned, including all representations submitted, will now be 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 consideration has been completed, the case file of the person concerned will be passed to me for decision. In advance of a final decision being made, the case of the person concerned will be examined to determine what, if any, impact the recent European Court of Justice Judgment in the Zambrano case may have on his case.

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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