Dessie Ellis (Dublin North West, Sinn Fein)
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Question 367: To ask the Minister for Justice and Equality if a person who has overstayed their visa by 15 months will be refused re-entry into the State if they leave; the penalties associated with overstaying a visa; the exemptions or waivers that exist to a person if they overstay their visa; the criteria used by immigration officers in relation to whether or not to admit or re-admit a person to the State; and if he will make a statement on the matter. [24475/11]

Alan Shatter (Dublin South, Fine Gael)
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In the absence of further details on the person's situation, it is difficult to address the question in any specific manner. However, in general, the onus is on the individual who requires permission to remain in the State to keep this permission up-to-date at all times. If a person is required to have the permission of the Minister to remain in the State and he/she does not obtain or renew that permission as applicable, that person is staying in the State illegally, is in breach of Irish Immigration law and may ultimately be subject to deportation proceedings.

By virtue of section 4(9) of the Immigration Act 2004, it is an offence for a foreign national not to comply with any conditions attached to his or her permission to be in the State including a condition as to duration of stay. A person guilty of such an offence is liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or both. Non-EEA nationals whose stay exceeds 3 months are required to register with the Garda National Immigration Bureau.

Section 4 (3) of the Immigration Act, 2004 sets out the grounds on which an immigration officer may, on behalf of the Minister refuse to give a person permission to enter the State.

An Immigration Officer may, on behalf of the Minister, attach to a permission under section 4 of the Immigration Act, 2004 such conditions as to duration of stay and engagement in employment, business or a profession in the State or amend such conditions, as he or she may think fit. In performing these functions, the Immigration Officer shall, pursuant to section 4 (10) of the Act of 2004, have regard to all the circumstances of the non-national concerned known to the Officer or represented to the Officer by him or her and, in particular, to matters including the following:

(a ) the stated purpose of the proposed visit to the State,

(b ) the intended duration of the stay in the State,

(c ) any family relationships (whether of blood or through marriage) of him or her with persons in the State,

(d ) his or her income, earning capacity and other financial resources,

(e ) the financial needs, obligations and responsibilities which he or she has or is likely to have in the foreseeable future,

(f ) whether he or she is likely to comply with any proposed conditions as to duration of stay and engagement in employment, business or profession in the State,

(g ) any entitlements of him or her to enter the State under the Act of 1996 or the treaties governing the European Communities within the meaning of the European Communities Acts 1972 to 2003.

I would strongly urge any person in the circumstances described by the Deputy to contact the Irish Naturalisation and Immigration Service in relation to their status in the State.