Written answers

Thursday, 26 January 2017

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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42. To ask the Minister for Justice and Equality the current and expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [3683/17]

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 was granted permission to remain in the State based on their parentage of an Irish born child, on a stamp 4 basis, on 19 September, 2001. This permission was subsequently renewed and registered by the person at their local immigration office up to 6 February, 2015. Further permission was granted by INIS until 6 February, 2016. However, the person concerned failed to register this permission with the Garda National Immigration Bureau (GNIB).

I am further informed by the INIS of my Department that there is no record of a pending application for renewal of this permission from the person concerned.

The Deputy will be aware that queries in relation to the status of individual immigration cases may be made directly to the 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 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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43. To ask the Minister for Justice and Equality the procedure to be followed to regularise the residency position in the case of a person (details supplied); and if she will make a statement on the matter. [3684/17]

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 persons concerned have not made contact with INIS Residence Division in respect of their position in the State and there are no applications pending with INIS.

INIS also inform me that the last records maintained for both named persons show that the first person was refused leave to land at Dublin airport on 5 October 2014 and was escorted onto an exit flight on the same day. Regarding the second person named, INIS inform me that this person was also refused leave to land on 3 March 2014.

The persons concerned appear to never have had permission to remain in the State and they should be aware that it is illegal for them, under the Immigration Act 2004, to remain 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. In addition, it is apparent that the persons concerned has failed to meet the requirements of Section 9 of the Immigration Act 2004, which sets out the obligations of non-nationals in respect of registration.

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

Might I remind the Deputy 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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44. To ask the Minister for Justice and Equality the current and expected position in respect of residency status and eligibility for naturalisation in the case of persons (details supplied); and if she will make a statement on the matter. [3686/17]

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 all other applicable legislation, in advance of a final decision being made.

The Deputy should note that as the persons concerned have no current right of residency in the State, they would not be in a position to meet the lawful residency criteria applicable to persons applying to my Department for a Certificate of Naturalisation.

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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