Bernard Durkan (Kildare North, Fine Gael)
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102. To ask the Minister for Justice and Equality the current and potential residency status in the case of a person (details supplied); and if she will make a statement on the matter. [35596/16]

Frances 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.

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.

Bernard Durkan (Kildare North, Fine Gael)
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103. To ask the Minister for Justice and Equality the progress to date in the determination of residency status in the case of a person (details supplied); and if she will make a statement on the matter. [35597/16]

Frances 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 concerned was granted a right of residency, accompanied by a right to work, based on parentage of an Irish citizen child on 26 August, 2015. An application for renewal of residency was received in the relevant Section of the INIS on 13 September, 2016. The application is under consideration at present and the INIS will be in contact with the person concerned when the case has been finalised.

The Deputy may wish to note that 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 the Parliamentary Question process. The Deputy may consider using the e-mail service except in questions where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Bernard Durkan (Kildare North, Fine Gael)
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104. To ask the Minister for Justice and Equality the progress to date in the determination of residency status in the case of a person (details supplied); and if she will make a statement on the matter. [35598/16]

Frances 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 in question entered the State on 18th June 2012 and was registered as a student on Stamp 2 conditions between 19th July 2012 and 2nd July 2014. It appears that the person in question has remained in the State since that date without permission.

I wish to advise the Deputy that the Residence Division of INIS does not currently have any application for the person before them. It appears that the person concerned does not have permission to remain in the State, and they should be aware that it is illegal, under the Immigration Act 2004, for them 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 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. As the person in question does not have immigration permission to remain in the State, they are not entitled to work. Against this background, the person concerned should attend their local Garda National Immigration Bureau Office as soon as may be.

The Deputy may wish to note that 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 the Parliamentary Question process. The Deputy may consider using the e-mail service except in questions where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Bernard Durkan (Kildare North, Fine Gael)
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105. To ask the Minister for Justice and Equality the progress to date in the upgrade from stamp 2 to stamp 4 in the case of a person (details supplied); and if she will make a statement on the matter. [35599/16]

Frances 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 in question entered the State on 1st November 2014 and was provided with permission to remain in the State on Stamp 2 student conditions between 5th December 2014 and 5th December 2016.

I wish to advise the Deputy that the Residence Division of INIS does not currently have any application for the person before them. Should they to wish to change the status of their permission to remain in the State, then the person concerned should make an application to the Residence Division of INIS setting out the details of their case. Information on application types, qualifying criteria, and required documentation is available on the INIS website.

The Deputy may wish to note that 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 the Parliamentary Question process. The Deputy may consider using the e-mail service except in questions where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Bernard Durkan (Kildare North, Fine Gael)
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106. To ask the Minister for Justice and Equality the current and-or likely residency status in the case of a person (details supplied); and if she will make a statement on the matter. [35600/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I refer the Deputy to my reply to Parliamentary Question No. 57 of 27 October, 2016 on this matter as set out below. I am informed by INIS that the position remains unchanged.

'I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned made an application for a residence card, under the provisions of the European Communities (Free Movement of Persons) Regulations 2015 on 29 March, 2016.

I understand that INIS has now written to the legal representatives of the person concerned seeking additional information and documentation it considers necessary to process this application. INIS will consider the application further in light of an expected response to the matters raised and will be better placed, upon receipt of same, to indicate when a decision may issue in this case.

The Deputy will be aware that 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 too long awaited.'

Bernard Durkan (Kildare North, Fine Gael)
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107. To ask the Minister for Justice and Equality the current and expected residency status or eligibility for stamp 4 naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [35601/16]

Frances 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 concerned arrived in the State on 22nd September 2008 and was registered as a student on Stamp 2 conditions between 4th November 2008 and 5th January 2015. At the present time, the person in question does not have any permission to remain in the State.

On 8th May 2015, some five months after their permission had expired, the person concerned made an application for further permission to remain in the State. However, they were informed on 12th July 2016 that they had come to the end of their permission to remain in the State and that they should make arrangements to leave the State. They were also informed that they were not entitled to Stamp 4 permission to remain in the State.

Ireland has offered a generous immigration regime to foreign students, not only in allowing them to work to support themselves in their studies, but also in providing ample opportunity for them to obtain academic qualifications that will equip them for their future, whether that is in Ireland or on their return to their home country. It is up to each student to make the best use of that opportunity. If their academic achievement is high, then Ireland offers opportunities to students to stay on as graduates, researchers, or high skilled employees. In other words, student permission gives the person concerned a chance to qualify for an enhanced immigration status on the basis of their academic achievement. However, student permission is of a temporary and limited nature that is not reckonable for naturalisation purposes and that generally does not allow for family reunification. Merely spending time in Ireland as a student does not confer entitlement or expectation to remain.

I wish to draw the Deputy's attention to the document "Guidelines for non-EEA students registered in Ireland before 1 January 2011." This notice clarifies the position in relation to non-EEA students registered here. The overall seven year period, which the person in question has now exhausted, provides students with ample opportunity to achieve the sort of qualifications they need to qualify them for an employment permit should they wish to remain in Ireland afterwards.

If the person concerned 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 the person in question believes that they should be granted permission to reside in Ireland.

If there are any relevant exceptional circumstances which would justify granting the person concerned permission to remain in the State, they will be taken into account if the person concerned is issued with an intention to deport letter under Section 3 of the Immigration Act 1999 (as amended).

The Deputy may wish to note that 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 the Parliamentary Question process. The Deputy may consider using the e-mail service except in questions where the response from INIS is, in the Deputy's view, inadequate or too long awaited.