Written answers

Tuesday, 29 September 2015

Department of Justice and Equality

Immigration Status

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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373. To ask the Minister for Justice and Equality the current residency status of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [33110/15]

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 permission to remain in the State as the Spouse of an EU National who was exercising their EU Treaty Rights in this State. This permission to remain was valid until 24th January 2012. This permission was not renewed as the person concerned failed to submit satisfactory evidence of the EU citizen exercising his EU Treaty Rights in the State for a continuous period of five years. The person concerned was notified of this decision by letter dated 9th July 2012 and has not had permission to be in the State since that date. The matter is now being considered by the Removals Section of INIS under Regulation 20 of the European Communities (Free Movement of Persons Regulations) 2006 and 2008.

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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374. To ask the Minister for Justice and Equality the current or expected residency status, or both, of a person (details supplied) in County Cork; and if she will make a statement on the matter. [33111/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I refer the Deputy to my response to Question 133 of 24thSeptember, 2015, which is set out below. The position remains unchanged.

"If an application for asylum or subsidiary protection in the State has been received from the persons whose details were supplied, the Deputy will be aware that it is not the practice to comment on such applications until they have fully completed the protection process. All protection applicants are issued with a temporary residence permission pending a final decision on their application.

In the event that an applicant is finally determined not to be in need of protection or in instances where a protection application is withdrawn by the applicant, consideration may then be given to whether the persons should be granted leave to remain in the State on humanitarian grounds should they elect to pursue this option. I understand that the persons in question will shortly be contacted by my Department in relation to their options in this regard."

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 or too long awaited.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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375. To ask the Minister for Justice and Equality the current or expected residency status, or both, of a person (details supplied) in County Mayo; and if she will make a statement on the matter. [33114/15]

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, following the refusal of their asylum claim, the person concerned proceeded to lodge an application for subsidiary protection. I am also advised that this subsidiary protection application was formally withdrawn on 28th August, 2015. The case file of the person concerned was then passed to the INIS' Ministerial Decisions Unit for the purposes of having a 'notification of a proposal to deport' letter issued under Section 3 of the Immigration Act 1999. This letter will issue shortly and sets out three options for the person concerned; namely to return voluntarily to their country of origin, to consent to the making of a Deportation Order or to submit representations as to why a Deportation Order should not be 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.

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