Bernard Durkan (Kildare North, Fine Gael)
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67. To ask the Minister for Justice and Equality the current and expected residency status and eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [31395/16]

Frances 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 entered the State on 4 May 2009 and was registered as a student in the State on 20 May 2009 under Stamp 2 student conditions. This person had permission to be in the State on student conditions until 30 September 2013.

The person concerned does not have an application pending with INIS. I wish to draw your attention to the document 'Guidelines for non EEA national students registered in Ireland before 1 January, 2011,' whichis available on the INIS web site (www.inis.gov.ie). This document clarifies the position in relation to non-EEA students registered in Ireland. As well as the above document, a series of guideline notes outlining how the new immigration regime operates is available on the INIS web site, including information on maximum time limits for students who wish to study at Language Non-Degree Level and Degree-Level.

This person concerned arrived in the State in 2009 and their permission expired on 30 September 2013. If they have not already done so, they are now required to leave the State. If this person leaves, or has already left the State voluntarily, then it would then 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 they believe they should be granted permission to reside in Ireland. If this person were 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 nor should it affect entry into any other State.

If there are any relevant exceptional circumstances which would justify granting this person permission to remain in the State, they 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 this person from the State unless the order is subsequently revoked by the Minister. Such an order may also prevent this person 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 Immigration Act of 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. As this person does not have current immigration permission they are not entitled to work.

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.