Written answers

Thursday, 14 June 2018

Department of Justice and Equality

Leave to Remain

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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127. To ask the Tánaiste and Minister for Justice and Equality if all requested information in respect of an application for leave to remain in the case of persons (details supplied) has been supplied by them; and if he will make a statement on the matter. [26157/18]

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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128. To ask the Tánaiste and Minister for Justice and Equality the status of residency in the case of a person (details supplied); and if he will make a statement on the matter. [26158/18]

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 mentioned by the Deputy was granted a permission on student conditions in the State on 01 September 2009 until 02 December 2015. INIS informs 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 December 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. In addition to this, it is illegal for them, under the Immigration Act 2004, to remain in the State without the permission of the Minister. 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. It appears that the person 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.

In this respect it is advisable the person concerned should engage directly with the immigration service as soon as possible.

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 the degree to which consideration is being given for permission to remain in the case of a person (details supplied); and if he will make a statement on the matter. [26159/18]

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 it has received a request for permission to remain in the State in respect of the person mentioned by the Deputy.

As background, the person's case is among a large number of cases held by INIS pending the outcome of the Supreme Court judgment in the Luximon and Balchand cases which was finalised on 24 April 2018. It is hoped that INIS will be in a position to consider the person’s situation shortly in the context of addressing issues which have arisen with a number of other applicants who entered the State within the same time period and who are in a similar position.

In this regard, the person’s request remains under active consideration as illustrated by correspondence issued to the person concerned on 3 May 2018. It may take some time to fully resolve the large number of cases involved so I would ask that the person concerned bear with the INIS while they work through the cases. INIS will be in contact with the person again when this work is finalised.

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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