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 480: To ask the Minister for Justice and Equality the residency status of a person (details supplied) in Dublin 14; and if he will make a statement on the matter. [18555/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned arrived in the State in January, 2008 but failed to register with her local Registration Office as required under the Immigration Act 2004 and is therefore illegally resident in the State. She gave birth to a child in the State in 2008. Consequently, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 12th March, 2009, 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.

The position in the State of the person concerned, and that of her child, 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.

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 481: To ask the Minister for Justice and Equality the residency status of a person (details supplied) in Dublin 14; if full consideration has been given on humanitarian grounds; and if he will make a statement on the matter. [18556/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned was admitted into the State on 20 January 2005 on foot of a student visa, valid until 6 June 2007. She has remained in the State since that date without the permission of the Minister. Consequently, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 12th March, 2009, 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.

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.

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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