Written answers

Tuesday, 23 September 2014

Department of Justice and Equality

Deportation Orders

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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315. To ask the Minister for Justice and Equality if she will use her absolute discretion to revoke a deportation order in respect of a person (details supplied) in County Meath, with particular reference to his employment history within the state from 2005 to 2014. [35578/14]

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 no deportation order has been made in the case of the person referred to by the Deputy.

The person concerned was first registered as a Student in the State in 2010 and kept this permission up to date until November 2012. The individual concerned has not had permission to reside in the State since 14 November 2012 and has remained in the State without permission since then. If the person referred to by the Deputy has worked in the State since 14 November 2012, they have done so illegally.

The person referred to by the Deputy appears to be in breach of Section 5(1) of the Immigration Act 2004 which provides that no non-Irish national may be in the State other than in accordance with the terms of any permission given to them by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non Irish national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State. It would also seem that this person failed to meet the requirements of Section 9 of the Act of 2004 which sets out the obligations of non nationals in respect of registration.

As stated in the reply to the Deputy's previous Parliamentary Question dated 17 September 2014, this person is unlawfully present in the State and is now expected to leave the State. If they fail to leave the State, it is the intention of the Irish Naturalisation and Immigration Service to issue a notification of a proposal of intention to deport them under the provision of Section 3(4) of the Immigration Act 1999, which may result in a Deportation Order being made.

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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