Written answers

Monday, 11 September 2017

Department of Justice and Equality

Immigration Status

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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558. To ask the Tánaiste and Minister for Justice and Equality the residency status in the case of a person (details supplied); and if he will make a statement on the matter. [36879/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, as advised in responses to previous PQs, it would appear that the person concerned entered the State as a visitor in June 2007 and has remained in the State since then without the appropriate permission. I am informed that correspondence has issued to the person in question requesting further information.

This person should be aware that it is unlawful 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 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.

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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559. To ask the Tánaiste and Minister for Justice and Equality the residency status in the case of persons (details supplied); and if he will make a statement on the matter. [36880/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that notifications have issued to the persons concerned pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended).

All representations received, 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.

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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560. To ask the Tánaiste and Minister for Justice and Equality the residency status in the case of a person (details supplied); and if he will make a statement on the matter. [36881/17]

Photo of Charles FlanaganCharles Flanagan (Laois, 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) the person concerned has not submitted written representations.

The position in the State of the person concerned will now be decided by reference to the provisions of 3(6) of the Immigration Act 1999 (as amended) and all other applicable legislation. If any representations are submitted, they will be considered before a final decision is 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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561. To ask the Tánaiste and Minister for Justice and Equality the residency status in the case of a person (details supplied); and if he will make a statement on the matter. [36882/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the Deputy was advised in replies to his previous parliamentary questions dated 27 September 2016 and 09 May 2017, that the person concerned registered as a student in the State on 10 March 2014 and that their permission expired on 2 March 2015.

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 them 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 of 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 previously advised, the person concerned should present themselves at their local Immigration Office without 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

562. To ask the Tánaiste and Minister for Justice and Equality the residency status in the case of a person (details supplied); and if he will make a statement on the matter. [36883/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the Deputy was advised - in replies to previous Parliamentary Questions dated 22 June 2017, 9 May 2017, and 27 September 2016 - that no application for immigration permission has been received from the person concerned.

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 euro or to imprisonment for a term not exceeding 12 months or to both.

As previously advised, the person concerned should present themselves at their local Immigration Office without 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.

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