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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208. To ask the Minister for Justice and Equality the options available in respect of residency in the case of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [22080/14]

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 person mentioned should be advised to write to the Residence Division setting out his and his family's details and circumstances in the State. To date he has not been in contact with INIS. 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 Parliamentary Questions Process.

The Deputy may consider using the email 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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209. To ask the Minister for Justice and Equality the position regarding eligibility to residency-updated stamp 4 in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [22082/14]

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, arising from the refusal of the asylum application of the person concerned, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 5th December, 2008, that the then Minister proposed to make a Deportation Order in respect of them. The person concerned was 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 then Minister setting out the reasons why a Deportation Order should not be made in respect of them. In addition, they were notified of their entitlement to apply for subsidiary protection.

The person concerned initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in their case. The judicial review proceedings were struck out on 12th October, 2010, meaning that the earlier decisions of the Refugee Appeals Tribunal and the then Minister stood.

The position in the State of the person 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. 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.

In the event that any of the family members of the person concerned have made applications for asylum or subsidiary protection, the Deputy will appreciate that it is not the practice to comment on such applications for so long as they remain in the asylum or protection processes.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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210. To ask the Minister for Justice and Equality if she will consider changing a residency status from stamp 3 to stamp 4 in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [22083/14]

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 person concerned has been granted permission to remain in the State, on immigration Stamp 3 conditions, for the period to 4th November 2015. This decision was conveyed in writing to the person concerned by letter dated 4th November, 2013.

The decision to grant such status was arrived at following the detailed consideration of the case of the person concerned, as well as the cases of all family members involved, under Section 3 of the Immigration Act 1999 (as amended). This decision would have had regard for all information and documentation on file at the time the decision was made.

It will be open to the person concerned to apply for the renewal of that permission in advance of its expiry date. However, I am advised that the INIS would be prepared to review the case of the person concerned in circumstances where they presented documentary evidence to show that they had a concrete offer of paid employment available to them. The Deputy will appreciate that any such offer of paid employment must be on the prospective employer's headed paper; it must describe the specific position being offered; it must set out the proposed salary or salary scale; it must provide an indication that any such position is available immediately, is whole-time and is not subject to seasonal factors. Upon receipt of documentary evidence of the nature described, the INIS will undertake a review of the case of 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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