Written answers

Thursday, 11 December 2014

Department of Justice and Equality

Immigration Status

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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131. To ask the Minister for Justice and Equality further to Parliamentary Question No. 78 of 20 November 2014 the current or expected residency status in the case of a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [47645/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I refer the Deputy to the relevant extract below of PQ No 78 of 20 November setting out the position which continues to pertain.

As the persons referred to are now resident in the State as non-EEA Students, they are subject to the student immigration rules as set out under the "new immigration regime for full time non-EEA students" which was published in September 2010 and has been in effect since 1 January 2011. These rules stipulate that non-EEA nationals may reside in Ireland as students, subject to the provisions of the new regime, for a maximum period of seven years. A maximum of three years student residence is permitted for courses at non degree level.

If the persons concerned remain within the relevant three year (for non degree courses) or seven year (for degree courses, where there is academic progression) maximum timeframe set out above, a further Stamp 2 may be granted to the persons mentioned provided that they are engaged in courses that are listed on the Internationalisation Register operated by the Department of Education and Skills.

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 of too long awaited.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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132. To ask the Minister for Justice and Equality to outline the current residency status in the case of a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [47646/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The position in the case of the person concerned is as set out in my Reply to the Deputy's earlier Question, PQ No. 121 of Thursday, 23 October, 2014 - copied beneath.

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), dated 3rd July, 2013, 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.

The Deputy might wish to note that the person concerned has not, to date, provided the documentation requested in a letter to their legal representatives dated 16th January, 2014. This letter was re-issued on 20th October, 2014. The requested documentation should therefore be submitted to the relevant personnel in the INIS as soon as possible.

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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133. To ask the Minister for Justice and Equality to outline the position regarding residency in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [47647/14]

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 current permission to remain in the State until 29 March, 2015. This decision was conveyed in writing to the person concerned by letter dated 29th March, 2012. It will be open to the person concerned to apply for the renewal of this permission one month before the current permission expires.

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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134. To ask the Minister for Justice and Equality to set out the current residency status in the case of a person (details supplied) in Dublin 2.; and if she will make a statement on the matter. [47649/14]

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 referred to is the subject of a Deportation Order so therefore has no right to residency/naturalisation in the State.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

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 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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