Written answers

Thursday, 21 February 2013

Department of Justice and Equality

Deportation Orders

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Justice and Equality the current and/or expected position regarding residency status and eligibility for naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [9467/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned entered the State on 12th September, 2004 and was subsequently granted permission to remain in the State until 30th September, 2009. He has remained unlawfully in the State since that date.

In accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 26th April, 2010, 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 submitting written representations to the then Minister setting out the reasons why a Deportation Order should not be made against him. Representations have been submitted on behalf of the person concerned.

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 a final decision is made. Once a decision has been made, this decision and the consequences of the decision, will be conveyed in writing to the person concerned.

Given that the person concerned has no current right of residency in the State, the issue of an application for naturalisation does not arise at this time.

Queries in relation to 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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