Written answers

Thursday, 13 November 2014

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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117. To ask the Minister for Justice and Equality the current position in regard to residency status in the case of a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [43629/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is currently registered in the State under Stamp 4 conditions granted to them on the basis of their marriage to an Irish national. This permission is valid until 28 November 2014 and is renewable directly with their local immigration officer.

If there has been any change of circumstances preventing the renewal of their immigration permission, the person concerned should be advised to make an application to INIS outlining the circumstances preventing them from renewing their registration.

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 Parliamentary Questions process. The Deputy may consider using the e-mail 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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118. To ask the Minister for Justice and Equality the current and-or expected position in regard to residency in the case of a person (details supplied) in County Cork; and if she will make a statement on the matter. [43631/14]

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, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned has submitted written representations.

These representations, together with all other information and documentation on file, will be fully considered, under 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, in advance of a final decision being made.

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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119. To ask the Minister for Justice and Equality the current position in regard to residency status in the case of a person (details supplied) in County Waterford; and if she will make a statement on the matter. [43636/14]

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 had a Deportation Order made against them on 20th September, 2011, following the refusal of their asylum application, at both first instance and on appeal, the refusal of their application for subsidiary protection and the detailed consideration of their case under 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. This Order was formally served on the person concerned by letter dated 22nd September, 2011.

The person concerned lodged judicial review proceedings in the High Court, challenging the decisions to refuse their application for subsidiary protection and to make a Deportation Order in respect of them. These proceedings were 'settled' by agreement between the parties. The agreed Terms of Settlement provided for, among other things, the revocation of the Deportation Order and the setting aside of the subsidiary protection refusal decision. The Deportation Order was revoked on 14th September, 2012.

The person concerned was issued with a fresh notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended) on 12th July, 2013 which made them aware of the option of lodging a fresh application for subsidiary protection and fresh written representations for consideration under Section 3 (6) of the Immigration Act 1999 (as amended).

In the event that a new application for subsidiary protection has been lodged, this will fall to be determined by the Offices of the Refugee Applications Commissioner and, if appropriate, the Refugee Appeals Tribunal. The person concerned is not the subject of a Deportation Order at present and indeed no consideration can be given to the making of a Deportation Order in respect of the person concerned until any outstanding protection issues have been determined.

I am satisfied that all actions taken by the Irish Naturalisation and Immigration Service have been in accordance with the agreed Terms of Settlement of the earlier judicial review proceedings.

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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120. To ask the Minister for Justice and Equality the current position in regard to determination of residency status in the case of a person (details supplied) in County Waterford; and if she will make a statement on the matter. [43637/14]

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, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned has submitted written representations. These representations, together with all other information and documentation on file, will be fully considered, in accordance with 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, in advance of a final decision being made.

During the examination of the case file of the person concerned, they were requested to submit documentary evidence to attest to their identity and nationality. In response, the person concerned submitted a national passport which was found, on expert examination, to be a false document as the original bio-data page had been replaced by a counterfeit bio-data page. The Deputy will appreciate that once a passport has been tampered with in any way, it ceases to be a valid document. This position was made known to the person concerned by letter dated 28th October, 2014. The person concerned was given 15 working days to respond to this finding and their response is still awaited.

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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121. To ask the Minister for Justice and Equality the position regarding residency in the case of a person (details supplied) in County Laois; and if she will make a statement on the matter. [43643/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The question of residency status does not arise at this time in the case of the person whose details were supplied. If the person concerned has made an application for asylum or subsidiary protection, the Deputy will be aware that it is not the practice to comment on such applications for so long as they remain in the protection process.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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122. To ask the Minister for Justice and Equality the current position in respect of residency status in the case of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [43648/14]

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 was granted temporary permission to remain in the State in 1999 under the arrangements then applicable to the non-EEA national parents of Irish born citizen children. This permission was renewed on a regular basis by the Garda National Immigration Bureau (GNIB), with the latest permission granted to him expiring on 26 March, 2014.

The person concerned applied to the INIS for renewal of permission to remain in the State on 21 May, 2014. He was requested to provide documentary evidence regarding his financial situation and continuous residence in the State and some documentation was received on 30 September, 2014, including his passport, which on examination showed that he was absent from the State for considerable periods of time. The person concerned was then requested to provide additional documentation and information in regard to his travel outside the State by letter dated 7 October, 2014. To date, no reply has been received. Upon receipt of a response and appropriate documentation, his case will be examined by the relevant officials in INIS and a decision on his future status in the State communicated to him in due course.

I should remind the Deputy that 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 specially established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary questions process.

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