Written answers

Thursday, 10 November 2016

Department of Justice and Equality

Immigration Status

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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69. To ask the Minister for Justice and Equality further to Parliamentary Question No. 152 of 25 October 2016, if she will use her discretionary powers to re-examine the case of a person (details supplied) on humanitarian grounds; and if she will make a statement on the matter. [34256/16]

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 concerned entered the State on 5th June 2011 and was registered as a student on Stamp 2 conditions between 22nd June 2011 and 8th August 2013 and has remained illegally in the State since this date.

On 27th July 2016, the person concerned made an application to INIS for permission to remain in the State. However, by letter dated 15th September 2016, they were informed by INIS that their application had been refused. They were informed at that time that although their adult son resided in the State on Stamp 4 permission, this did not confer on them any entitlement to permission to remain in the State. They were further advised that, as they had been residing in the State without permission since 8th August 2013, they were required to leave the State. Failing that, they were informed, they would be issued with a notification under Section 3(4) of the Immigration Act 1999 – an intention to deport notice.

By letter dated 12th October 2016, the person concerned wrote to INIS and requested that their case be considered under Section 3 of the Immigration Act 1999. As the first step in this process, the person concerned has, accordingly, been issued with a notification under Section 3(4) of the Immigration Act 1999. The Section 3 process will provide the person concerned with the opportunity to outline any concerns that they may have in respect of their personal, private, and family life. Such issues will be considered in full before a final decision is made in their case.

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 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 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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70. To ask the Minister for Justice and Equality further to Parliamentary Question No. 60 of 20 October 2016, if the case of a person (details supplied) will be considered; and if she will make a statement on the matter. [34257/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I refer the Deputy to the Reply given to his recent Parliamentary Question No. 60 of Thursday 20th October 2016. The status of the person concerned is as set out in that reply.

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order made on 23 December 2013 and therefore has no entitlement to residency in the State.

Representations were received from the person concerned pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.

The Deputy may wish to note that 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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