Written answers

Wednesday, 14 December 2016

Department of Justice and Equality

Immigration Status

Photo of Seán FlemingSeán Fleming (Laois, Fianna Fail)
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81. To ask the Minister for Justice and Equality if she will clarify a matter regarding residency status in the case of a person (details supplied); the current position in relation to this particular case; the reasons preventing this person from receiving a GNIB card, stamp 4 or stamp 5; the sequence of events leading to the person being prevented from receiving same; and if she will make a statement on the matter. [40399/16]

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 on the 12/02/2016 an application for a change of status from a Stamp 4 permission, based on being the parent of an Irish Born Child, to a Stamp 5 permission was received from the person concerned. On the 26/10/2016 the application was refused as the Irish Naturalisation and Immigration Service was not satisfied that the person concerned met all of the requirements for a change of status from Stamp 4 to Stamp 5 permission. The person concerned was informed of the reasons for this refusal by letter on 26/10/2016.

On the 19/05/2016 a letter was issued to the person concerned by the Irish Naturalisation and Immigration Service of my Department informing that while their application for a Stamp 5 endorsement was being processed they should return to their local immigration office to renew their permission. I am informed that Residence Unit of the INIS received a letter from the person concerned on 07/12/2016 seeking further permission to remain. This application is currently being processed and the person concerned will be contacted 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 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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82. To ask the Minister for Justice and Equality the position regarding the examination of the residency status and possible revocation of decision to deport in the case of a person (details supplied), if the person reported as requested to immigration on a monthly basis and the length of time they have reported; if the person has previously come to the attention of the gardaí, in respect other than their residency entitlement; if the information the person provided in good faith to the authorities, was in fact utilised against their interests; if the person's case still stands to be reviewed despite having been deported already; and if she will make a statement on the matter. [40416/16]

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 concerned is the subject of a Deportation Order signed on 29 July 2016. The reasons for, and the factors taken into account in making the Deportation Order, were furnished to the person. This Order requires the person concerned to remove themselves from the State and remain outside the State. The person concerned was deported from the State on 30 November 2016 and up until then, had met the reporting requirements of the Garda National Immigration Bureau (G.N.I.B.) in accordance with Section 8(1)(b) of the Immigration Act 1999, as amended. He last presented on the 29 November 2016.

If new information or circumstances have come to light, which has a direct bearing on the case, and which have arisen since the original Deportation Order was made, there remains the option of a request that I use my discretion, pursuant to Section 3(11) of the Immigration Act, 1999 (as amended) to revoke the Deportation Order. However I wish to make clear that such a request would require substantial grounds to be successful. In the mean-time, the Deportation Order remains valid and in place. The enforcement of the Deportation Order remains a matter for the Garda National Immigration Bureau.

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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