Bernard Durkan (Kildare North, Fine Gael)
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115. To ask the Tánaiste and Minister for Justice and Equality further to parliamentary question No. 101 of 9 of May 2017, the procedure to be followed to regularise residency in the case of a person (details supplied). [29429/17]

Charles Flanagan (Laois, Fine Gael)
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I refer to my response to Parliamentary Question No. 101 of 9 May 2017.

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that it has not received any correspondence or an application for an immigration permission from the person concerned. The person mentioned by the Deputy should be advised to present themselves to their local Immigration Office as soon as possible.

From the limited information provided, it appears that the person concerned may never have had permission to remain in the State, and they should be aware that under Section 5 of the Immigration Act 2004 it is unlawful for a non-national to be in the State other than in accordance with the terms of any permission given by the Minister for Justice and Equality. A person who contravenes such a requirement may have committed an offence and if found guilty 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.

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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116. To ask the Tánaiste and Minister for Justice and Equality if consideration will be given to the issue of stamp 4 in the case of a person (details supplied); and if he will make a statement on the matter. [29430/17]

Charles Flanagan (Laois, Fine Gael)
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I refer to my response to Parliamentary Question No. 100 of 9 May 2017.

The Irish Naturalisation and Immigration Service (INIS) of my Department have advised that the person mentioned by the Deputy registered as a student in the State on 10 March 2014 and also that their permission expired on 2 March 2015. INIS inform me that, to date, no further application has been received from the person concerned.

It appears that this person has been unlawfully in the State since March 2015. A non-national may not be in the State other than with the terms of any permission given to the person concerned by the Minister for Justice and Equality. A person who contravenes this requirement may have committed an offence and if found guilty 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 this person does not have current immigration permission they are not entitled to work in the State.

As the person concerned appears to be illegal in the State, it is incumbent on them to present themselves at their local Immigration Office within 28 days.

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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117. To ask the Tánaiste and Minister for Justice and Equality if stamp 4 will issue in the case of a person (details supplied); and if he will make a statement on the matter. [29431/17]

Charles Flanagan (Laois, Fine Gael)
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I am advised 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 11th March 2005 and therefore has no entitlement to residency in the State.

Representations were received on behalf of the person concerned pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to ‘affirm’ or to ‘revoke’ the existing Deportation Order. In the meantime, the Deportation Order remains valid and in place.

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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118. To ask the Tánaiste and Minister for Justice and Equality the procedure to be followed to regularise residency in the case of a person (details supplied); if this case can be urgently considered; and if he will make a statement on the matter. [29435/17]

Charles Flanagan (Laois, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in November 2011, the person concerned applied for Long Term Residency in the State. Long Term Residency is granted on the basis that a non-EEA national has completed five years legal residency in the State on work permit / work authorisation / working visa conditions. Residency is calculated from the corresponding Stamp 1 or Stamp 4 endorsements in an applicant's passport and not by the dates of commencement and expiry of each work permit. Periods of time where a person has not had legal residency cannot be counted in any application for long term residency.

My officials in INIS were in contact with the person concerned on 22 October 2012, seeking further information. To date this information has not been received by INIS and the application has been deemed abandoned.

As the person concerned has not held permission to reside in the State since 23 June 2012, it would therefore seem that they have remained in the State without the permission of the Minister for Justice and Equality. This is in breach of Section 5(1) of the Immigration Act 2004 which provides that no non-national may be in the State other than in accordance with the terms of any permission given to them by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non-national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.

It would appear that the person referred to by the Deputy failed to meet the requirements of Section 9 of the Act of 2004 which sets out the obligations of non-nationals in respect of registration and, in particular, I would draw the Deputy's attention to the requirements of Section 9(2)(b) of the Act of 2004. A person who is found to be in breach of the requirements of the Immigration Act 2004 may have committed an offence. A person found guilty of such an offence is liable under section 13 of the Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.

It is open to the person concerned to write to the Residence Unit 2 in INIS seeking a temporary permission (Stamp 1) in order for them to apply for a employment permit under the Reactivation Employment Permit scheme. Please see www.inis.gov.ie for details. The Employment Permits (Amendment) Act 2014 introduced on a statutory footing a new Employment Permit type, the "Reactivation Employment Permit", which will address this situation i.e where non-EEA nationals who entered the labour market legally on foot of an employment permit have now fallen out of the Employment Permits regime.

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.

Bernard Durkan (Kildare North, Fine Gael)
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119. To ask the Tánaiste and Minister for Justice and Equality if he will consider offering temporary or medium-term residency status in the case of a person (details supplied); and if he will make a statement on the matter. [29436/17]

Charles Flanagan (Laois, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons concerned are a husband and wife who are the subject of Deportation Orders made on 11th March 2005.

Both persons were deported from the State on 4th June 2006, however, according to information received from their legal representatives, they returned to this State the year after they were deported.

Representations were received on behalf of the personsconcerned requesting that the Deportation Orders be revoked, pursuant to the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). The Deputy might wish to note that any such decision will be to ‘affirm’ or to ‘revoke’ the existing Deportation Orders. In the meantime, the Deportation Orders remain valid and in place.

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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120. To ask the Tánaiste and Minister for Justice and Equality when stamp 4 will be renewed in the case of a person (details supplied); and if he will make a statement on the matter. [29439/17]

Charles Flanagan (Laois, 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 leave to remain in the State for the period to 21 December, 2015. This decision was conveyed in writing to the person concerned by letter dated 21 December, 2012.

The person concerned is required to apply in writing for the renewal of this permission. As my Department's records show no evidence of such a renewal application having been made to date, it is recommended that the person concerned should do so without further delay.

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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121. To ask the Tánaiste and Minister for Justice and Equality the position regarding the determination of entitlement to short medium-term residency eligibility to apply for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [29443/17]

Charles Flanagan (Laois, Fine Gael)
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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 26 of the International Protection Act, 2015.

Both the staff of the International Protection Office (the Chief International Protection Officer and International Protection Officers) and the Members of the International Protection Appeals Tribunal are independent in the performance of their protection functions.

A Customer Service Centre established by the International Protection Office may be contacted by individuals with any queries - info@ipo.gov.ie. Similarly, the International Protection Appeals Tribunal operate an email which can be contacted by individuals with any queries regarding their application - info@protectionappeals.ie.