Written answers

Thursday, 10 December 2015

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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123. To ask the Minister for Justice and Equality the procedure to be followed by a person (details supplied) in County Clare in regularising residency status; and if she will make a statement on the matter. [44585/15]

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 as the person referred to by the Deputy is stated to be here for several years, it would appear that this person has remained in the State without the appropriate permission. This is 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 by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non-national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.

The person concerned should immediately contact their local Garda Immigration Officer.

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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124. To ask the Minister for Justice and Equality the procedure to be followed by a person (details supplied) in County Clare in regularising residency status; and if she will make a statement on the matter. [44586/15]

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 persons referred to by the Deputy never had an immigration permission to remain in the State. This is 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 by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non-national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.

The person concerned should immediately contact their local Garda Immigration Officer.

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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125. To ask the Minister for Justice and Equality the current and expected residency status of a person (details supplied) in County Meath; and if she will make a statement on the matter. [44589/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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If the person whose details were supplied has made an application for asylum or subsidiary protection in the State, the Deputy will be aware that it is not the practice to comment on such applications until they have fully completed the protection process. This is in accordance with Section 19(1) of the Refugee Act, 1996 (as amended) which provides for the protection of the identity of protection applicants.

With regard to residency status, the Deputy is reminded that 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, consideration is then given to whether the person should be granted leave to remain in the State on humanitarian grounds.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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126. To ask the Minister for Justice and Equality the potential residency status of a person (details supplied) in County Meath; and if she will make a statement on the matter. [44591/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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If the person whose details were supplied has made an application for asylum or subsidiary protection in the State, the Deputy will be aware that it is not the practice to comment on such applications until they have fully completed the protection process. This is in accordance with Section 19(1) of the Refugee Act, 1996 (as amended) which provides for the protection of the identity of protection applicants.

With regard to residency status, the Deputy is reminded that 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, consideration is then given to whether the person should be granted leave to remain in the State on humanitarian grounds.

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