Written answers

Thursday, 19 June 2014

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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156. To ask the Minister for Justice and Equality the current and/or expected residency status in the case of a person (details supplied) in Dublin 3; and if she will make a statement on the matter. [26540/14]

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 is part of a family unit who have all consented to deportation. The precise arrangements are being made for the various family members, including the person concerned, and these are expected to be finalised in the near future.

I am also advised that an adult member of that family unit has recently been before the Irish courts, having been charged with offences pursuant to the Criminal Justice (Theft and Fraud Offences) Act 2001. The person concern was convicted on all charges and has received a suspended sentence and a financial penalty.

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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157. To ask the Minister for Justice and Equality if Stamp 4 will be restored in the case of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [26541/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I am advised by the Irish Naturalisation & Immigration Service (INIS) of my Department that the applicant was granted Long-Term Residency permission on 9 September 2010. I understand that the applicant's permission remains valid and has not to date been withdrawn.

I am further advised that information made available to INIS indicates that since the granting of his Long-Term Residency in September 2010, the applicant was not resident in the State for a period in excess of three years and accordingly INIS will shortly be writing to the applicant in this regard.

Queries in relation to the status of individual immigration cases may be made directly to INIS by email 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 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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158. To ask the Minister for Justice and Equality notwithstanding replies to previous parliamentary questions in the case of a person (details supplied) in Dublin 11, who previously had permission to remain here on foot of their marriage to an EU national, who has since departed, whose four children were born here and who has established contacts and commitments in this jurisdiction, if their case might be considered on foot of these grounds; and if she will make a statement on the matter. [26545/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The person concerned was granted permission to remain in the State for a period of five years on 12th January, 2010 on the basis of being the spouse of an EU citizen, who was residing in the State and was exercising their EU Treaty Rights.

The grounds under which the person concerned was granted permission to remain in the State no longer apply, as the EU spouse is no longer residing in this State. As a result, the permission to remain which was granted under the provisions of Directive 2004/38/EC and European Communities (Free Movement of Persons) Regulations 2006 and 2008 has been revoked. The person concerned was notified of this decision by letter dated 6th October, 2011.

In March, 2014, the person concerned sought a right of residency in the State, accompanied by a right to work, based on their parentage of an Irish born minor citizen child, and based also on the principles set out in the Zambrano Judgment. This application is under consideration at present. Once a decision has been made in this application, 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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159. To ask the Minister for Justice and Equality if Stamp 4 will be renewed in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [26554/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I am informed by officials in the Irish Naturalisation and Immigration Service (INIS) that the application for a permanent residence card, submitted by the person referred to by the Deputy, will be considered in accordance with the provisions of the European Communities (Free Movement of Persons) Regulations 2006 and 2008 and Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. I am further advised that a decision will issue to the applicant in writing shortly.

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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