Written answers

Thursday, 23 May 2013

Department of Justice and Equality

Immigration Status

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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170. To ask the Minister for Justice and Equality if he will indicate if and when consideration of eligibility for residency/naturalisation will be concluded in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [24989/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am advised that the person mentioned by the Deputy that the person mentioned was registered in the State on 22 March 2006 as a student until 4 August 2012. All non-EEA students resident in the State are subject to the student immigration rules set out under the "new immigration regime for full time non-EEA students which was published in September 2010 and has been in effect since 1 January 2011. These rules stipulate that non-EEA nationals may reside in Ireland as students, subject to the provisions of the new regime, for a maximum period of seven years. As this person arrived in the State in 2006 she is now classified as a timed out Student. In this particular case, the person has made submissions seeking to remain in the State as the parent of an Irish Citizen child. This application is under consideration and the person concerned has been asked to provide proof in this regard. 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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171. To ask the Minister for Justice and Equality the current position in regard to renewal of Stamp 4 in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [24990/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned was initially granted leave to remain in the State for the three year period ending 27 May 2010. This was subsequently renewed for a further three years to 28th May, 2013. The latter decision was conveyed in writing to the person concerned by letter dated 26 May 2010. The person concerned is required to apply in writing for the renewal of this permission. As my Department's records show no evidence of such a renewal application having been made to date, it is recommended that the person concerned should do so without further delay. 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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172. To ask the Minister for Justice and Equality the progress made to date in examination and determination of eligibility in respect of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [24991/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned is a failed asylum aplicant. 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 21 March, 2006, 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 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. 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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173. To ask the Minister for Justice and Equality the extent to which the full appraisal of application for residency/naturalisation has been undertaken to date in respect of a person (details supplied) in Dublin 11; and if he will make a statement on the matter. [24992/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Deputy will be aware, from previous Dáil replies in this matter, that the person referred to by the Deputy has no application pending for residency. The person concerned was granted permission to remain for a period of five years on 12 January, 2010 on the basis of being the spouse of an EU citizen, who was residing in the State and was exercising his EU Treaty Rights. The grounds under which she was granted permission to remain in the State no longer apply, as her EU spouse is no longer residing in this State. Therefore, the permission to remain which was granted under the provisions of Directive 2004/38/EC and European Communities (Free Movement of Persons) Regulations 2006 and 2008 has now been revoked. The person concerned was notified of this decision on 6 October 2011. 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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174. To ask the Minister for Justice and Equality the current or likely position to obtain Stamp 4 in the case of a person (details supplied) in Dublin 12; and if he will make a statement on the matter. [24993/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service that the person mentioned by the Deputy was registered in the State on 30 July 2008 as a student. A reply issued to this person's email query on 15 April 2013 setting out the position with regard to the guidelines for non EEA national students registered in the State before 1 January 2011. This information is available on the INIS website at www.inis.gov.ie. This person was also granted an extension of her student permission up to 31 May 2013 as an exceptional measure. As a student in the State this person does not qualify for a stamp 4 immigration status. 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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