Written answers

Thursday, 11 July 2013

Department of Justice and Equality

Immigration Status

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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196. To ask the Minister for Justice and Equality the position regarding residency in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [34149/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I wish to thank the Deputy for clarifying the situation in respect of the person concerned as my previous reply inadvertently misidentified the subject of the Deputy's question. This was due, in part, to an error in the Departmental reference number in the details provided with the question. The absence of other references used to link the individual to their records made identification difficult and as it happens the search for records located a different person with the same name. Indeed, it is to avoid situations like this arising that I would encourage Deputies to use the Oireachtas mail facility established to provide information to Oireachtas members on immigration cases rather than the Parliamentary Questions process. This facility provides up to date information on cases and its flexible nature ensures that any clarifications can be sought and provided very quickly.

The person referred to by the Deputy was registered in the State for a short period from 18th February 2002 to 3rd September 2002. The person appears to have remained here without the appropriate permission. This is in breach of Section 5(1) of the Immigration Act 2004 which provides that no non-national may be in the State other than in accordance with the terms of any permission given to them by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non-national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State. In the circumstances, I would strongly urge the person to immediately contact their local Garda registration Officer.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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197. To ask the Minister for Justice and Equality if consideration will be given to the fact that failure to update work permit was not the responsibility of a person (details supplied); if retrospective provision will be made in this case; and if he will make a statement on the matter. [34150/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned arrived in the State on 1st April 2007 for the purposes of a short term visit and was given permission to remain in the State until 10th April 2007. He remained illegally in the State after 10th April 2007. His wife arrived in the State on the 18th September 2008, and his daughter arrived in the State in the company of her grandmother in 2009. His son was born in the State on 27th March 2012, and is not an Irish citizen. The family were issued with proposal to deport letters on 19th April 2012 and 26th October 2012. All representations submitted on behalf of the family were considered and deportation orders issued on 7th March 2013.

The person concerned instituted Judicial Review proceedings on 26 June 2013, challenging the deportation orders made in respect of himself and his family and accordingly, as the matter is sub judice, I do not propose to comment further. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

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