Written answers

Thursday, 1 December 2016

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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116. To ask the Minister for Justice and Equality if she will facilitate regularisation of residency status in the case of a person (details supplied); and if she will make a statement on the matter. [38190/16]

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 the person concerned entered the State on 5th February 2008 and never registered after being landed at the port of entry.

I wish to advise the Deputy, however, that the Residence Division of INIS does not currently have any application in respect of this person before them. It appears that the person concerned does not, therefore, have permission to remain in the State, and 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. 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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117. To ask the Minister for Justice and Equality if extension of stamp 4 will be updated in the case of a person (details supplied); if the matter will be updated; and if she will make a statement on the matter. [38191/16]

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 following a series of representations made on their behalf by the Deputy that the person in question was granted permission to reside in the State. A letter to this effect issued on 12 April 2016. I have been informed that they did present themselves as requested to their local Immigration Registration Officer on 27 May 2016 but were refused registration by the Immigration Officer due to an extended absence from the State. It would appear that the person was outside the State when the INIS letter issued. They were informed by the Immigration Officer to write to INIS and in doing so should enclose a full copy of their passport.

To date this person has not engaged with INIS or informed them of their absence from the State. Permission is granted on the condition that a person resides continuously in the State. Continuous residence means living in the State for the period covered by their permission granted, allowing for reasonable periods of absence from the State for holidays or exceptional family circumstances. The person should be advised to write to Unit 2, Residence Division, INIS immediately where their case will receive due consideration.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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118. To ask the Minister for Justice and Equality if she will facilitate an application to remain here in the case of a person (details supplied); and if she will make a statement on the matter. [38192/16]

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, 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 persons 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.

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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