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

102. To ask the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [28227/16]

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

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that this person arrived in the State on 18 March 2009 and has remained in the State ever since, without the permission of the Minister. This person wrote to the Minister on 29 September 2015 outlining their circumstances.

If this person leaves the State voluntarily, then it would be open to them to apply for a D reside visa from outside the State. At that point, any family circumstances would be taken into account along with any other reasons why this person believes they should be granted permission to reside in Ireland. If this person is unsuccessful in the application for a D reside visa, it would not affect their entitlement to apply for a visa in the future to re-enter this State, or, to enter any other State.

If there are any relevant exceptional circumstances which would justify granting this person permission to remain in the State, this will be taken into account if the Minister issues them with an intention to deport letter under Section 3 of the Immigration Act 1999 (as amended). If the Minister issues such a letter to this person, and if she decides to make a deportation order against them, please note that an Irish deportation order would have the effect of barring them from entry onto the State unless the order is subsequently revoked by the Minister. Such an order may also prevent them from applying to reside in any of the other European Union Member States.

Please be informed that it is illegal under the Immigration Act 2004 to reside in the State without permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable under section 13 of the Act of 2004 to a fine not exceeding €3,000, or to imprisonment for a term not exceeding 12 months, or to both.

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.