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Residency Permits.

Dáil Éireann Debate, Thursday - 3 February 2005

Thursday, 3 February 2005

Questions (162, 163, 164, 165, 166, 167, 168)

Bernard J. Durkan

Question:

159 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in Dublin 8; if he will consider granting extension of residency; and if he will make a statement on the matter. [3298/05]

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Written answers

The person concerned arrived in the State on 4 October, 2001 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 16 April 2003 that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons he should be allowed to remain temporarily in the State; leaving the State before an order is made or consenting to the making of a deportation order. This person's case file, including all representations submitted, will be considered under section 3(6) of the Immigration Act, 1999, as amended, and section 5 of the Refugee Act 1996 — prohibition of refoulement. I expect the file to be passed to me for decision in due course.

Bernard J. Durkan

Question:

160 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he will consider extended residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [3303/05]

View answer

The person concerned arrived in the State on 3 February 2003 and applied for a declaration as a refugee. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, she was informed by letter dated 14 January 2005 that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons she should be allowed to remain temporarily in the State; leaving the State before an order is made; or consenting to the making of a deportation order.

In the normal course of events, her case file, including all representations submitted, would be considered under section 3(6) of the Immigration Act 1999, as amended, and under section 5 of the Refugee Act 1996, as amended — prohibition of r efoulement.

However, this person, as the parent of Irish born child, may, if she so wishes, apply to have her application considered under the revised arrangements introduced by me for the consideration of applications for permission to remain in the State made by the non-national parents of Irish born children born before 1 January 2005. The details of the revised arrangements were publicly announced on 15 January 2005. To date, no such application has been received from this person in my Department under the terms of the revised arrangements. Applications should be made on form IBC/05 which is available on the Department of Justice, Equality and Law Reform website at www.justice.ie. Hard copies of the form are available at the Department of Justice, Equality and Law Reform, 13-14 Burgh Quay, Dublin 2, Garda district headquarters, stations outside Dublin and at all Reception and Integration Agency accommodation centres countrywide. Forms have also been distributed to various non-governmental organisations working with immigrants and asylum seekers.

Bernard J. Durkan

Question:

161 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he will grant residency status in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [3304/05]

View answer

The person concerned was declared a refugee in December 2002 and this position was communicated in writing at that time. The person concerned was advised to register at the Registration Office, 13-14 Burgh Quay, Dublin 2 at which time she would have been given a registration card. Such registration must be renewed on a periodic basis. This person's registration now appears to have lapsed. As such, she would be advised to call to the offices of the Garda National Immigration Bureau, 13-14 Burgh Quay, Dublin 2, to have her registration renewed.

Bernard J. Durkan

Question:

162 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he will grant residency permission in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [3305/05]

View answer

Records held by my Department indicate that the name and address supplied relate to a person who was granted permission to reside in the State based on parentage of an Irish born child on 18 July 2002. Her current period of residency is not due to expire until 1 July 2005. However, the reference number relates to a visa application lodged in late 2002 for a minor of the same name which was refused. No further documents relating to that application have been received by the visa section of my Department since that time.

Bernard J. Durkan

Question:

163 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he will allow extended residency on the basis of parentage of an Irish born child in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [3306/05]

View answer

It is open to the person concerned to make an application for residency in the State on the basis of parentage of an Irish-born child born prior to 1 January 2005. The details of the revised arrangements for the consideration of applications for permission to remain in the State made by the non-national parents of Irish-born children born before 1 January 2005 were publicly announced on 15 January 2005. To date, no such application has been received from this person in my Department under the terms of the revised arrangements.

Applications should be made on form IBC/05 which is available on the Department of Justice, Equality amd Law Reform website at www.justice.ie. Hard copies of the form are available at the Department of Justice, Equality and Law Reform, 13-14 Burgh Quay, Dublin 2, Garda district headquarters, stations outside Dublin and at all Reception and Integration Agency accommodation centres countrywide. Forms will also be distributed to various non-governmental organisations working with immigrants and asylum seekers.

Bernard J. Durkan

Question:

164 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he will consider extension of residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [3307/05]

View answer

The position is that the person concerned arrived in the State on 22 October 2001 and claimed asylum. His application was refused by the Office of the Refugee Applications Commissioner and he was notified of this recommendation by letter of 30 July 2002. His subsequent appeal was refused by the Office of the Refugee Appeals Tribunal and he was notified of this recommendation by letter of 29 May 2003. He was notified of my decision to refuse him refugee status by letter of 25 June 2003 in which he was informed of the three options open to him at that point, that is, to leave the State before the Minister for Justice, Equality and Law Reform made a deportation in respect of him; to consent to the making of a deportation order in respect of him; or to make written representations, within 15 working days, to the Minister for Justice, Equality and Law Reform setting out reasons he should not be deported, that is, why he should be allowed to remain temporarily in the State.

His case was examined under section 3 of the Immigration Act 1999 and section 5 of the Refugee Act 1996 — prohibition of refoulement, including consideration of representations received on his behalf from the refugee legal service for temporary leave to remain in the State. On 3 August 2004, I refused temporary leave to remain and signed a deportation order in respect of him. Notice of the order was served by registered post requiring him to present himself to the Garda National Immigration Bureau on 27 January 2005. He is due to present again to the bureau on 17 February 2005, when it is expected that travel arrangements will have been put in place. The enforcement of the deportation order is a matter for the Garda National Immigration Bureau.

Bernard J. Durkan

Question:

165 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if registration or permission to remain here will be extended in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [3310/05]

View answer

The person concerned should write to the immigration division of my Department at 13-14 Burgh Quay, Dublin 2 providing full details and documentation to support his application. On receipt of same a decision will be made in his case.

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