Written answers

Thursday, 27 September 2018

Department of Justice and Equality

Immigration Status

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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107. 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. [39335/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I refer the Deputy to the reply given to his recent Parliamentary Question No. 277 of Tuesday 18th September 2018. The status of the person concerned is as set out in that reply:

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned presented a new passport on 5 April 2018 at the Burgh Quay Registration Office. The passport was referred to An Garda Síochána technical bureau for examination and the matter is now being dealt with by An Garda Síochána.

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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108. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 422 of 7 of September 2018, if provision will be made to update a stamp 4 in the case of a person (details supplied); the reason their documentation has not been updated with particular reference to the fact that a number of members of their family are Irish citizens; and if he will make a statement on the matter. [39336/18]

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, as previously stated in my response to Parliamentary Question No. 422 of 7 of September, 2018,  it would appear this person's presence in the State may be unlawful as their most recent permission to remain in the State expired in December, 2011.

In order to allow for a full examination of the person's circumstances, the person concerned should write to Unit 2, Domestic Residence and Permissions Division, INIS, 13/14 Burgh Quay, Dublin 2 and provide a detailed account and documentary evidence  of their personal circumstances since the expiration of their permission to reside in this State. 

This account may also include the circumstances of family members of the person concerned.

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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109. To ask the Tánaiste and Minister for Justice and Equality the current and expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [39337/18]

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 concerned was granted permission to remain in the State, on a stamp 4 basis, as the parent of an Irish citizen child on 1 March, 2002. The permission was subsequently renewed with the latest permission granted up to 21 July, 2016 by the Garda National Immigration Bureau. 

I am further informed that representations were received from the person concerned on 23 January, 2018.  INIS was in contact with the person concerned on 29 January, 2018 seeking supporting documentary evidence, however, INIS has no record of a response. I understand it remains open to the person concerned to provide the required information and the application will be given detailed consideration by INIS.

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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110. To ask the Tánaiste and Minister for Justice and Equality if and when leave to remain will be granted in the case of a person (details supplied); and if he will make a statement on the matter. [39339/18]

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 it would appear the person referred to by the Deputy has been unlawfully in the State since the expiration of their most recent permission to reside on 31 October, 2015.

The Deputy will appreciate that, under the relevant provisions of the Immigration Act, 2004, a non-national may not be in the State other than within the terms of a permission from the

Minister for Justice and Equality.  In order to allow for a full examination of the person's circumstances, the person concerned should write to Unit 1, Domestic Residence and Permissions Division, INIS, 13/14 Burgh Quay, Dublin 2 and provide a detailed account and documentary evidence of their personal circumstances since the expiration of their permission to reside in

this State.

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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111. To ask the Tánaiste and Minister for Justice and Equality if further consideration will be given to the case of a person (details supplied) with particular reference to updating their leave to remain; and if he will make a statement on the matter. [39340/18]

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 person concerned applied on 14/04/2016 for a residence card as a family member of an EU citizen under the provisions of the European Communities (Free Movement of Persons) Regulations 2015 and Directive 2004/38/EC of the European Parliament and of the Council.   They stated at that time that they were a sibling of a Union citizen.

The person concerned was informed on 06/04/2017 that their application had been refused.  They were advised at that time that they had failed to submit satisfactory documentary evidence of their dependence on the EU citizen, including dependence prior to residing in the State.  On the basis of the documents supplied, the person concerned had failed to establish that they were a permitted family member of a Union citizen in accordance with the Regulation 2015.

The person concerned requested a review of that decision on 15/05/2017, which is currently being processed.  INIS will correspond with the person concerned should further documentation, information or clarification be required.  Applications are dealt with in strict chronological order and a decision will issue to the person concerned in due course.  Although the EU Treaty Rights Review Unit is experiencing delays in processing due to an unprecedented number of applications, there will be no avoidable delay in completing the application made by the person concerned and they should expect a decision on their application in the coming weeks. 

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 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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112. To ask the Tánaiste and Minister for Justice and Equality if a person (details supplied) has permission to remain here as the spouse of an Irish national who currently cannot be considered along with their spouse for accommodation purposes; and if he will make a statement on the matter. [39341/18]

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 an application for permission to reside in the State was received from the person concerned on 3 April, 2018, based on their marriage to an Irish national.

The Deputy will appreciate that such applications are dealt with in chronological order.  It should be noted that marriage to an Irish national does not confer an automatic right of residence in the State and I understand that INIS will write to the person concerned in relation to the progress of their application 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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113. To ask the Tánaiste and Minister for Justice and Equality if the case of a person (details supplied) will be reconsidered; if an application for residency will be entertained on this basis; and if he will make a statement on the matter. [39342/18]

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 there is no record of a request from the person concerned for permission to reside in the State.

The Deputy will appreciate that, under the relevant provisions of the Immigration Act, 2004, a non-national may not be in the State other than within the terms of a permission from the Minister for Justice and Equality.  In order to allow for a full examination of the person's circumstances, the person concerned should write to Unit 2, Domestic Residence and Permissions Division, INIS, 13/14 Burgh Quay, Dublin 2 and provide a detailed account and documentary evidence of their personal circumstances since the expiration of any permission to reside in the State previously held. 

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 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 was of the Parliamentary Question 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.

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