Written answers

Thursday, 24 November 2016

Department of Justice and Equality

Immigration Status

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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57. 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. [36803/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to applied for a change to their immigration status. This application was refused on 25 June 2013. Judicial Review proceedings were issued on 24 July 2013 seeking to quash the refusal decision and accordingly, as the matter issub judice, I do not propose to comment further.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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58. 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. [36804/16]

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 asserts that they entered the State in June 2008 with the intention of residing with their mother. It is noted that the mother of the person concerned previously held Stamp 2 student permission but does not have permission to remain in the State at the present time.

The person concerned appears to have entered and remained in the State without the permission of the Minister. As such, they should be aware that it is illegal for them, 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 the person in question does not have immigration permission to remain in the State, they are not entitled to work.

Correspondence has been received from the legal representatives of the person concerned and, on foot of this correspondence, the Residence Division of my Department will be in contact with the person concerned in due course.

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 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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59. To ask the Minister for Justice and Equality the current and potential residency status and eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [36805/16]

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, if the person whose details were supplied has made an application for asylum or subsidiary protection in the State, the Deputy will be aware that it is not the practice to comment on such applications until they have fully completed the protection process. This is in accordance with Section 19(1) of the Refugee Act, 1996 (as amended) which provides for the protection of the identity of protection applicants. Protection legislation also provides for the right of appeal at both the asylum and subsidiary protection stages of the process.

Protection applicants are issued with a temporary residence permission pending a final decision on their application.

The question of naturalisation does not currently arise in the case of the person whose details were provided.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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60. To ask the Minister for Justice and Equality the current and potential residency status and eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [36806/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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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 29 November 2013 and therefore has no entitlement to residency in the State.

The person concerned instituted High Court proceedings on 02 July 2015 challenging the refusal of re-admittance into the international protection process pursuant to section 17(7) of the Refugee Act 1996 made in respect of him and accordingly, as the matter is sub judice, I do not propose to comment further.

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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