Written answers

Thursday, 17 January 2013

Department of Justice and Equality

Immigration Status

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Justice and Equality the reason that Stamp 4 has not been updated in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [2220/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I refer the Deputy to my reply to Parliamentary Question no. 510 of 23 October, 2012 which is set out below:

"The permission to remain in the State of the person concerned expired on 8 September, 2012. As this person is now currently out of permission to remain in the State, he should attend the GNIB to register and to advise them of his misplaced GNIB card. "

Currently, the case file of the person concerned is being reviewed by the Irish Naturalisation and Immigration Service on foot of information received from the Garda National Immigration Bureau. I should add that I am informed that the person concerned has no recent employment history in the State over the past three years. Taking into account the circumstances outlined above, when a decision on the future status of the person concerned is made he will be written to directly informing him of the outcome.

Queries regarding the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the parliamentary questions process. The Deputy may consider using the e-mail service, except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Justice and Equality the position regarding the update of Stamp 4 and eligibility for naturalisation in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [2221/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned has been granted leave to remain in the State for the period to 5 December 2015. This decision was conveyed in writing to the person concerned by letter dated 5 December 2012.

It will be open to the person concerned to apply to the Citizenship Section of my Department for a Certificate of Naturalisation when he is in a position to meet the lawful residency criteria applicable to the lodgement of such applications. Details on the criteria to be met by persons lodging such applications are available from my Department's website, www.justice.ie.

Queries regarding the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the parliamentary questions process. The Deputy may consider using the e-mail service, except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Justice and Equality the position regarding residency/leave to remain/eligibility for naturalisation in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [2222/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned is a failed asylum applicant. 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 7 April, 2009, that the then 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 then Minister setting out the reasons why he should not have a Deportation Order 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 consideration of this application, it was determined that he was not eligible for subsidiary protection. The person concerned was notified of this decision by letter dated 30 May, 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. 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 should note that as the person concerned has no current right of residency in the State, he would not be in a position to meet the lawful residency criteria applicable to persons applying to my Department for a Certificate of Naturalisation.

Regarding this person's General Practitioner (GP) having requested a move to alternative accommodation, the Reception and Integration Agency (RIA) has indicated that no such request has been sent to that agency. Furthermore, the RIA has indicated that the person concerned was accommodated at his current accommodation centre following a request for placement there on medical grounds. If, however, the person concerned wishes to transfer to alternative accommodation, he should write to the RIA, PO Box 11487, Dublin 2, providing relevant medical or other documentation in support of such a request and it will be given due consideration.

Queries regarding the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the parliamentary questions process. The Deputy may consider using the e-mail service, except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Justice and Equality if he will review or revoke the deportation order in the case of a person (details supplied) in Dublin 20; and if he will make a statement on the matter. [2223/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned is the subject of a Deportation Order signed on 20 April 2010, following a comprehensive and thorough examination of his asylum claim and his application for subsidiary protection and a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended). The effect of the Deportation Order is that the person concerned must leave the state and remain thereafter outside the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

However, if new information or circumstances have come to light, which have a direct bearing on his case and which have arisen since the original Deportation Order was made, there remains the option of applying to me for revocation of the Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999, as amended. However I wish to make clear that such an application would require substantial grounds to be successful.

Queries regarding the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the parliamentary questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

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