Bernard Durkan (Kildare North, Fine Gael)
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537. To ask the Minister for Justice and Equality the procedure to be followed by a person (details supplied) in County Kildare notwithstanding his reply to previous parliamentary questions; if their current status can be regularised without relying on the passport service in their homeland which has proven to be extremely unco-operative and unhelpful; if in the circumstances any steps can be taken to progress the case in view of the likelihood that they will not receive co-operation from their homeland passport service; and if he will make a statement on the matter. [18657/14]

Alan Shatter (Dublin South, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted permission to remain in the State for a three year period to 15th October, 2016. This decision was conveyed in writing to the person concerned by letter dated 15th October, 2013. That communication advised the person concerned of the requirement that they 'register' at their local Immigration Registration Office, in accordance with the provisions of Section 9 (2) (a) of the Immigration Act 2004.

The Deputy might wish to note that Section 9 (2) (a) of the Immigration Act 2004 states the following.

".... a non-national shall comply with the following requirements as to registration:

"..... he or she shall, as soon as may be, furnish to the registration officer for the registration district in which he or she is resident, the particulars set out in the Second Schedule,and, unless he or she gives a satisfactory explanation of the circumstances which prevent his or her doing so, produce to the registration officer a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government, which establishes his or her nationality;.....".

As I advised the Deputy previously, responsibility for the registration process is vested in the Garda National Immigration Bureau, a dedicated Unit of An Garda Síochána with responsibility for immigration and border control matters. As a result, in the event that the person concerned cannot, in spite of their best efforts, obtain a national passport, they will need to present to their local Immigration Registration Office documentary evidence of the formal efforts they have made to obtain such a document. This, however, is a matter which must ultimately be resolved between the person concerned and their local Immigration Registration Office in accordance with the relevant provisions of the Immigration Act as outlined above.