Written answers

Thursday, 14 July 2016

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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54. To ask the Minister for Justice and Equality if stamp 4 will issue in the case of a person (details supplied). [21856/16]

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 in question arrived in the State on 8 February 2015, on visitors' permission and has remained in the State illegally since the expiration of that permission.

I understand that on 17 December 2015, the person applied for permission to remain as a dependant of their siblings: one has Stamp 4 and the other is an Irish citizen. This application was refused on 24 May 2016 as the person in question is 39 years old and has not submitted sufficient documentation to show that they meet the criterion as a qualifying family member under Section 13.3 of the Policy Document on Non EEA Family Reunification (2013), where it is stated that 'a person over 18 years of age would be permitted to apply where he/she is dependent on the care of the parent sponsor, directly or indirectly, due to a serious medical or psychological problem which makes independent life in the home country impossible.' Furthermore, satisfactory documentary evidence of dependency (both financial and social) as defined under the same policy document, was not provided with this application.

It should be noted that the surgery required in this case was not of an emergency nature and is available in this person's country of origin.

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 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 Parliamentary Question 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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55. To ask the Minister for Justice and Equality the current position in regard to the determination of Residency Status in the case of a person (details supplied); and if she will make a statement on the matter. [21860/16]

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 no record exists of any application in respect of the child referred to by the Deputy.

The Citizenship Division of INIS informs me that the child in question is not currently entitled to Irish citizenship and this is confirmed in recent legal advices on the matter generally. An application for citizenship through naturalisation can of course be submitted when the conditions for naturalisation are met. Detailed information on citizenship and naturalisation is contained on the INIS website - www.inis.gov.ie.

It may also be open to the parent referred to by the Deputy to apply for family reunification on behalf of the child. Information in this regard is also available on the INIS website.

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 might 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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56. To ask the Minister for Justice and Equality to review the residency options in the case of a person (details supplied); and if she will make a statement on the matter. [21861/16]

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 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.

The person concerned has been evading deportation since 21st February, 2012 and, as such, is liable to arrest and detention for the purposes of having the Deportation Order enforced. The person concerned should therefore either comply with the deportation order and leave the State or failing that, 'present' to the Garda National Immigration Bureau without further delay. The enforcement of the deportation order 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 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 to long awaited.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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57. To ask the Minister for Justice and Equality the progress to date in the determination of regularisation of residency in the case of a person (details supplied); and if she will make a statement on the matter. [21862/16]

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, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.

These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, in advance of a final decision being 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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