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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136. To ask the Minister for Justice and Equality if she will review the possibility of regularisation of residency status in the case of a person (details supplied) in County Galway; and if she will make a statement on the matter. [47651/14]

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 referred to by the Deputy has not made an application to INIS and should be advised to do so setting out details of his and his family's circumstances in the State.

The person concerned arrived in the State on 20/04/2005 and was registered in accordance with the law on 17/05/2006 upon reaching 16 years of age. However, he failed to renew his permission after the expiry date of his last permission on 15/08/2011. It would, therefore, appear that this person has remained in the State without the required permission. This is 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 such persons 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 has 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. A person who is found to be in breach of the requirements of the Immigration Act 2004 may have committed an offence. A person found guilty of such an offence is liable under section 13 of the Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.

The enforcement of immigration laws is an operational matter for the Garda National Immigration Bureau.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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137. To ask the Minister for Justice and Equality 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. [47652/14]

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 and therefore has no entitlement to residency in the State.

Representations were received on behalf of the person concerned pursuant to the provisions of Section 3 (11) of the Immigration Act 1999 (as amended), to have his Deportation Order revoked. The Deputy might wish to note that any decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.

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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138. To ask the Minister for Justice and Equality the position regarding residency in the case of a person (details supplied) in Dublin 12; and if she will make a statement on the matter. [47653/14]

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 a valid application for a certificate of naturalisation has been received from the person referred to by the Deputy, who currently has permission to reside in the State until 28 February, 2015.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. Certain information was requested from the applicant and a response has been received. Processing of the application is ongoing and the case will be submitted to me for decision as expeditiously as possible.

The Deputy may wish to note that 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 established specifically 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 INIS is, in the Deputy’s view, inadequate or too long awaited.

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