Written answers

Thursday, 26 October 2017

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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128. To ask the Tánaiste and Minister for Justice and Equality when a stamp 4 will be restored in the case of a person (details supplied); and if he will make a statement on the matter. [45574/17]

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 the first person referred to by the Deputy was granted Long Term Residency (stamp 4) on 03 February 2009 for five years. INIS did not receive an application for renewal of this Long Term Residency permission (stamp 4). This person, however, currently holds a Stamp 1 permission to remain in the State valid to 20 August 2018.

The immigration permission of the second person referred to by the Deputy, expired on 28 June 2013.

I wish to inform the Deputy, that the 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 the 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.

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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129. To ask the Tánaiste and Minister for Justice and Equality when a stamp 4 will be renewed in the case of a person (details supplied); and if he will make a statement on the matter. [45575/17]

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 respect of the first person mentioned by the Deputy, their last immigration permission expired on 28 June 2013. Subsequent to this date, there is no further immigration record of them residing in the State.

Regarding the second person mentioned by the Deputy, INIS advise me that their last immigration permission expired on 02 August 2013. Subsequent to this date, there is no further immigration record of them residing in the State.

From the information provided by the Deputy, it appears that both persons are continuing to reside illegally in the State without permission. Should this be the case, 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 both.

In order to allow INIS make a full assessment of this case, both persons should be advised to write to Unit 2 - Residence Division, Irish Naturalisation and Immigration Service, 13/14 Burgh Quay, Dublin 2 clarifying their current residency location i.e. are they currently residing inside or outside the State. They should include a detailed explanation of their activities since the both last had permission to reside in the State, what their future plans are, and should also supply full copies of all passports, their marriage certificate, birth certificates of any children and work permits.

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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130. To ask the Tánaiste and Minister for Justice and Equality when permission to remain stamp 4 or alternative updated residency status will be awarded in the case of a person (details supplied); and if he will make a statement on the matter. [45576/17]

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 the application for the Reactivation of Employment Permit Permission for the person concerned remains under consideration. INIS will be in contact with the person concerned in due course.

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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131. To ask the Tánaiste and Minister for Justice and Equality when an application for long-term residency status will be approved in the case of a person (details supplied); and if he will make a statement on the matter. [45577/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that they received a request from the person concerned, in January 2015, to regularise their residency status in the State. INIS wrote directly to them, at their last known address, on three separate occasions. No response was received to these requests.

INIS will issue a further letter to this person requesting additional information and documentation in order to consider the case.

It appears that this person has no permission to be in the State. In this regard, I would draw the Deputy's attention to Section 5 of the Immigration Act 2004, which provides that no non-national may be in the State other than in accordance with the permission of the Minister. A person who contravenes this requirement is for all purposes unlawfully present in the State. 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.

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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132. To ask the Tánaiste and Minister for Justice and Equality when a stamp 4 renewal will be facilitated in the case of persons (details supplied); and if he will make a statement on the matter. [45578/17]

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 the persons concerned had their permission to remain in the State renewed for a further one year period to 14 December 2017. This decision was conveyed in writing to the persons concerned by letters dated 13 December 2016. This permission was renewed to enable the persons concerned to obtain a valid passport or alternatively submit evidence as to what effort they have made to secure a passport.

A representative of the INIS wrote to the persons concerned on 30 August 2017 requesting the submission of specific documentation. There is no record of the requested documentation having been submitted to date. The position in the State of the persons concerned can be further considered upon receipt of the requested documentation.

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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133. To ask the Tánaiste and Minister for Justice and Equality if he will review the case of a person (details supplied); and if he will make a statement on the matter. [45579/17]

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 the person concerned applied for residence permission and a right to work based on their parentage of an Irish citizen child on 03 October 2017. The Deputy will appreciate that applications are dealt with in chronological order. If further information or documentation is required, the person concerned will be contacted in writing by the relevant officials in my Department in due course.

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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134. To ask the Tánaiste and Minister for Justice and Equality if leave to remain stamp 4 will be awarded in the case of a person (details supplied); and if he will make a statement on the matter. [45580/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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The Deputy will be aware that, if an application for asylum or subsidiary protection has been made in the State, for confidentiality reasons it is not the practice to comment on such applications and the applicant or his/her legal representative should contact the International Protection Office (IPO) or International Protection Appeals Tribunal (IPAT) directly.

The IPO may be contacted either by email to info@ipo.gov.ie, by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2.

The International Protection Appeals Tribunal may be contacted either by email to info@protectionappeals.ie, by telephone at 01 474 8400 or Lo-Call 1890 201 458 or in writing to Corporate Services Division, The International Protection Appeals Tribunal, 6-7 Hanover Street East, Dublin D02 W320.

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