Written answers

Wednesday, 2 December 2020

Department of Justice and Equality

Immigration Status

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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126. To ask the Tánaiste and Minister for Justice and Equality the progress in the determination of an application for leave to remain in the case of a person (details supplied); and if she will make a statement on the matter. [40620/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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As a person who was accepted as being a family member of an EU citizen who was exercising EU Treaty Rights in the State, the immigration case of the person concerned falls within the parameters of the European Court of Justice Ruling in the Chenchooliah case. In light of that situation, the notification issued to the person concerned by letter dated 20 November 2018, has recently been withdrawn.

Their case is under active consideration by the Immigration Service of my Department and they can expect to hear from them within the coming weeks.

Queries in relation to the status of individual immigration cases may be made directly to 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 is, in the Deputy’s view, inadequate or too long awaited.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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127. To ask the Tánaiste and Minister for Justice and Equality the progress to date in the determination of an application for leave to remain in the case of a person (details supplied); and if she will make a statement on the matter. [40626/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The immigration case of the person concerned was finalised on 29 October 2019. Leave to remain in the State was refused and a Deportation Order was made. That Order was served on the person concerned by registered post dated 10 January 2020, which was sent to their last notified address. This communication was copied to their legal representative on the same date.

This Deportation Order remains valid and in place and, as such, the person concerned remains legally obliged to comply with any reporting requirements placed on them by the Garda National Immigration Bureau (GNIB). The enforcement of a Deportation Order is an operational matter for GNIB.

It is open to any person subject of a Deportation Order to make a request, under section 3(11) of the Immigration Act 1999 (as amended), to have that Order revoked. Any such request would, however, need to be founded on some material change in the person’s circumstances which has arisen since the original decision to deport was made. Where such a request is made, the outcome of that request will be that the existing deportation order will either be 'affirmed' or 'revoked'.

Queries in relation to the status of individual immigration cases may be made directly to 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 is, in the Deputy’s view, inadequate or too long awaited.

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