Written answers

Thursday, 29 January 2015

Department of Justice and Equality

Immigration Status

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

101. To ask the Minister for Justice and Equality the progress to date in the determination of residency status in the case of a person (details supplied) in County Meath and his family; and if she will make a statement on the matter. [4180/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that following a comprehensive and thorough examination of the asylum claim and application for subsidiary protection, and a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended), a Deportation Order was signed on 18 December 2012 in respect of the person referred to by the Deputy.

The person concerned initiated judicial review proceedings challenging the Deportation Order made in respect of him. Those proceedings were struck out in favour of the Department on 01 December 2014 and accordingly, the Deportation Order stands.

Representations were received from the person concerned pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such 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 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 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)
Link to this: Individually | In context | Oireachtas source

102. To ask the Minister for Justice and Equality the progress since 2006 in the determination of residency status in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [4181/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am advised 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 asking that her Deportation Order be revoked, in accordance with the provisions of Section 3 (11) of the Immigration Act, 1999 (as amended). Following consideration of the information submitted, the Deportation Order was affirmed.

Further representations were received under Section 3 (11) of the Immigration Act 1999. This application is under consideration at present. The Deputy might wish to note that any such decision will be to ‘affirm’ or to ‘revoke’ the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.

The effect of a Deportation Order is that the person concerned must leave the state and remain thereafter outside the State. The enforcement of Deportation Orders 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 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)
Link to this: Individually | In context | Oireachtas source

103. To ask the Minister for Justice and Equality when leave to remain or long-term residency will be granted in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [4182/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned arrived in the State and applied for asylum on 11 August 2008. His wife applied on the same date. The couple have had four children born in the State, in 2009, 2010, 2012 and 2013. The person concerned was refused refugee status in September 2010, and was informed at that stage that it was proposed to make a Deportation Order in his case. His wife was also refused refugee status at that time. Both parties were informed that they had the right to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006. They were also informed that they could make representations to the Minister as to why a Deportation Order should not be made in their case.

The Person concerned and his wife both made applications for Subsidiary Protection, which were refused on 4 January 2011. Following considerations of representations made it was further decided to make Deportation Orders in both cases. The parties were informed of this on 1 February 2011. Deportation Orders have also issued in respect of the three older children, following consideration of representations made in their cases. The child born in 2010 has challenged the making of that Deportation Order in Judicial Review proceedings, which are still before the High Court, and as that matter is sub judice I do not propose to comment any further. The rest of the family remain subject to Deportation Orders, with the exception of the youngest child.

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.

Comments

No comments

Log in or join to post a public comment.