Written answers

Thursday, 5 December 2013

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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191. To ask the Minister for Justice and Equality the residency status and eligibility for update in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [52379/13]

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 for three years, under stamp 4 conditions in 2008. This permission was renewed for a further three years in 2011, until 29 December, 2014. However the person concerned failed to register this permission to remain with the Garda National Immigration Bureau (GNIB) at this time.

I am informed that on 8 July, 2013, the person concerned sought to have her permission registered with her local Immigration Officer, GNIB. However, her request was refused due to the considerable time lapse between renewal of permission to remain and her attempt to register this permission. She was advised to write to the Irish Naturalisation and Immigration Service (INIS) of my Department regarding same.

Correspondence was received from the person concerned on 19 November, 2013. Currently, the case file of the person concerned is being reviewed by my officials in the INIS and she will be contacted shortly requesting clarification of her current family situation.

Queries in relation to general immigration matters 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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192. To ask the Minister for Justice and Equality the current residency status and procedure to be followed to regularise their residency position in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [52380/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Irish Naturalisation and Immigration Service records indicate that the person concerned is a failed asylum applicant. She then proceeded to lodge an application for subsidiary protection. This application must next be considered.

In relation to the determination of applications for subsidiary protection, the Deputy may wish to note that I recently signed into law a Statutory Instrument to introduce new procedures for the determination of subsidiary protection applications by the Offices of the Refugee Applications Commissioner at first instance and, on appeal, by the Refugee Appeals Tribunal.

When consideration of the subsidiary protection application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for subsidiary protection is refused, the position in the State of the person concerned will then 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. Any representations submitted will be considered before a final decision is made. Once a final 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 of my Department 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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