Written answers

Thursday, 26 September 2013

Department of Justice and Equality

Immigration Status

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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192. To ask the Minister for Justice and Equality the current and or expected position in regard to determination of eligibility for residency/naturalisation in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [40337/13]

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 referred to is the subject of a Deportation Order so therefore has no right to residency/naturalisation in the State.

The Deportation Order was made following a comprehensive and thorough examination of his asylum claim and of his application to remain temporarily in the State. He has been evading his deportation since 5 October 2010 and should he come to the notice of the Garda authorities, he would be liable to arrest and detention. He should, therefore, present himself to the Garda National Immigration Bureau without any further delay.

As a matter of policy, I do not intend to reward persons who have failed a very fair and comprehensive asylum process, and who have thereafter proceeded to evade their deportation for several years, by granting such persons residency in the State.

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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193. To ask the Minister for Justice and Equality if and when residency status/extension of residency entitlement will issue in the case of a person (details supplied) in Dublin 11; and if he will make a statement on the matter. [40338/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The question of residency status in the case of the person whose details were supplied does not arise at this time. Should the option to apply for permission to remain in the State arise in the future the person concerned will be advised accordingly.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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194. To ask the Minister for Justice and Equality the procedure to be followed in the update of stamp 4 or relevant status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [40339/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I have been advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned by the Deputy contacted the INIS on 23 September 2013 and a reply issued to him on 24 September 2013. His case will be examined upon receipt of the documentation requested.

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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195. To ask the Minister for Justice and Equality the procedure to be followed in the assessment of eligibility for residency or naturalisation in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [40340/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy arrived in the State on 27 December 2007 and registered on 17 January 2008 on Student conditions. His permission to remain here expired on 07 February 2012. The person submitted an application to INIS which was received on 27 March 2013. On 29 July 2013 this application was refused as the person did not have enough time to complete a Degree Programme as required in the "new immigration regime for full time non-EEA students" which has been in effect since 01 January 2011. However, he was granted a further 6 weeks on Stamp 2 conditions until 09 September 2013 in order to finalise his affairs and leave the State. The person concerned does not qualify for a Stamp 4 status and he no longer has permission to be in the State.

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 as 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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196. To ask the Minister for Justice and Equality the procedure to date and progress made in the determination of residency or eligibility for naturalisation in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [40341/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The persons concerned are a husband and wife who entered the State on separate dates in 2005, as students, and were granted permission to remain until 23rd November, 2006 and 22nd February, 2006 respectively. They have remained in the State without permission since then. Consequently, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned were notified it was proposed to make deportation orders in respect of them. They were each 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 written representations to the Minister setting out the reasons why they should not have deportation orders made against them. Representations have been submitted on behalf of the persons concerned.

The positions in the State of the persons 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 final decisions are made. Once decisions have been made, these decisions, and the consequences of the decisions, will be conveyed in writing to the persons concerned.

The Deputy should note that as the persons concerned have no current right of residency in the State, they would not be in a position to meet the lawful residency criteria applicable to persons applying to my Department for a 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.

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