Written answers

Tuesday, 2 July 2013

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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547. To ask the Minister for Justice and Equality the progress to date in the determination of an application for residency in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [31552/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned is the subject of a Deportation Order, made on 15th July, 2011, following a comprehensive and thorough examination of his asylum claim and his application for subsidiary protection and the detailed examination of the representations he submitted for consideration under Section 3 (6) of the Immigration Act 1999 (as amended). Subsequently, in March, 2012, the person concerned sought a right of residency in the State, accompanied by a right to work, based on the principles set out in the Zambrano Judgment. This request is under consideration at present. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned. In the mean-time, as a person subject of a valid Deportation Order, the person concerned is legally obliged to comply with any reporting requirements placed on him by the Garda National Immigration Bureau.

Queries in relation to 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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548. To ask the Minister for Justice and Equality the progress to date in the determination of an application for residency in the case of a person (details supplied) in County Dublin who is requesting that their divorce documentation from Nigeria be recognised; the additional information that is required to bring the matter to a conclusion; and if he will make a statement on the matter. [31553/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned was granted temporary permission to remain in the State under stamp 4 conditions on 24 March, 2005 for an initial two year period, under the revised arrangements applicable to the non-EEA national parents of Irish born children born in the State before 1 January, 2005, more commonly known as the IBC/05 Scheme. In 2007 the permission was renewed for three years. The Garda National Immigration Bureau (GNIB) renewed her permission to remain subsequently in 2010. She was registered by GNIB on 28 February 2013, with the latest renewal period expiring on 10 March, 2015.

I should add that I am not aware of any issues relating to the divorce documentation of the person concerned with the Irish Naturalisation and Immigration Service ( INIS). With regard to naturalisation, I can inform the Deputy that the application for naturalisation of the person concerned has entered the final stage of processing and I intend to grant citizenship. The person concerned has been invited to attend a citizenship ceremony on 4 July 2013, at which she will make a declaration of fidelity to the Irish Nation and loyalty to the State and receive her certificate of naturalisation.

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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549. To ask the Minister for Justice and Equality the progress to date in the determination of an application for residency in the case of a person (details supplied) in County Carlow who arrived in 2004 and whose passport was seized by immigration in 2004 and who has a spouse and two children in this jurisdiction; when the passport will be returned; and if he will make a statement on the matter. [31554/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to is the subject of a Deportation Order. The person concerned has no application for residency pending and there is no evidence that the person's passport was seized by the Irish Naturalisation and Immigration Service. The person concerned has had his case considered under Section 3(6) of the Immigration Act 1999, as amended and under Section 5 of the Refugee Act 1996, as amended. Refoulement was not found to be an issue in this case. In addition, no issue arises under Section 4 of the Criminal Justice (UN Convention against Torture) Act, 2000. Consideration was also given to private and family rights under Article 8 of the European Convention on Human Rights (ECHR).

The Deportation Order was signed on 3 May 2012. One of the requirements of the Deportation Order is that the person concerned must present to the Garda National Immigration Bureau on an appointed date, to date the person concerned has not presented and is therefore classed as an evader. The person concerned remains in the State illegally. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

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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