Written answers

Tuesday, 9 June 2015

Department of Justice and Equality

Immigration Status

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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545. To ask the Minister for Justice and Equality the progress, to date, in determining an application for residency, on the grounds of family dependency on an Irish national, in the case of a person (details supplied) in County Galway; and if she will make a statement on the matter. [21682/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy first entered the State on 20 April 2005 and first registered on Student conditions on 17 May 2006. This permission expired on 13 November 2006. This person returned to Brazil on 14 April 2009. Records indicate that this person returned to the State on 16 August 2010 and registered on Student conditions on 11 October 2010. This permission expired on 15 August 2011. If this person has been present in the State since that date they have been unlawfully present. This would be in breach of Section 5(1) of the Immigration Act 2004 which provides that no non-national may be in the State other than in accordance with the terms of any permission given to him or her 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.

The person concerned made an application to my Department, on 10 April 2015, for a change of status in the State. Applications are dealt with in chronological order and my Department will be in contact with this person in the coming weeks regarding further information required.

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 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 INIS is, in the Deputy's view, inadequate or too long awaited.

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