Written answers

Tuesday, 14 May 2013

Department of Justice and Equality

Immigration Status

Photo of Derek NolanDerek Nolan (Galway West, Labour)
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457. To ask the Minister for Justice and Equality the opportunities for appeal or reconsideration of an application, either within his Department or through the courts, that exist for a person (details supplied) who has been issued with a deportation order; and if he will make a statement on the matter. [22151/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned arrived in the State on 8th November 2003 as a short-term visitor. He was subsequently granted leave to remain until 28th May 2005. He has remained in the State since that date without the permission of the Minister and is therefore unlawfully present in the State. Following a comprehensive and thorough examination of his case under Section 3 of the Immigration Act 1999, as amended, a Deportation Order was signed on 21st March 2013. On foot of that Order he is required to leave the State and if he fails to so leave he will be deported.

Section 3(11) of the Immigration Act, 1999, provides that in certain circumstances a Deportation Order may be revoked. However, any such application has to be on the basis of substantial and significant new information which was not available for consideration when the original decision to deport was made. It is noted that in this instance that the Order was made less than 8 weeks ago.

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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