Written answers

Thursday, 15 May 2014

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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202. To ask the Minister for Justice and Equality the position regarding the determination of eligibility for updated stamp 4 in the case of persons (details supplied) in Dublin 8; and if she will make a statement on the matter. [22074/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons mentioned by the Deputy arrived in the State in June 2006 and were registered as students here until 27/02/2012 and 13/11/2012 respectively. Since that date they would appear to have remained in the State 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 him 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.

The persons concerned submitted applications to the Residence Division on 10 April 2014. These applications will be dealt with in chronological order and they will be contacted in due course.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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203. To ask the Minister for Justice and Equality if acknowledgement in respect of eligibility for consideration of their residency position under the Zambrano judgment has been acknowledged to a person (details supplied) in County Meath; and if she will make a statement on the matter. [22075/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that while the person concerned has claimed to be the parent of an Irish born minor citizen child, and has sought to assert a right of residency in the State on that basis, the person concerned has not submitted any of the information or documentation required from such persons. As a result, a representative of the INIS wrote to the person concerned on 24th March, 2014 requesting the submission of the required information and documentation. There is no record of the requested information and documentation having been submitted to date. The position in the State of the person concerned can be further considered upon receipt of the requested information and documentation.

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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