Written Answers Nos. 149-156
149. Deputy Paschal Donohoe asked the Minister for Justice and Equality if he will confirm that a person (details supplied) in Dublin 7 has been relocated to Shelton Abbey; and if he will make a statement on the matter. [41135/12]
View answerI am informed by the Irish Prison Service that the person referred to was transferred from Wheatfield Prison to Shelton Abbey Place of Detention in April 2012. Factors taken into account include length of sentence, time served, engagement with the various prison based services, behaviour while in custody, and no record of previous imprisonment.
150. Deputy Brendan Griffin asked the Minister for Justice and Equality if an application to remain as a de facto partner will be granted in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [41140/12]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy made an application for a de facto permission based on a relationship with an Irish national. This application was received in the General Immigration Division of INIS on the 19 June 2012.
Applicants for this type of permission must be able to demonstrate a durable relationship which has been ongoing for at least two years. The onus remains on the applicant to provide dated documentary evidence of this relationship. With this in mind, the applicant was asked to provided dated documentary evidence to demonstrate the start of the relationship and additional documentary evidence to attest to an established relationship. These requests were sent on 10 August, 2012 and 10 September, 2012 respectively. The applicant has not yet provided a full response to these requests. The application will be processed further once the requested documents have been received.
Queries in relation to the status of individual immigration cases may be made directly to 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.
151. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in the case of persons (details supplied) in County Kildare in respect of an application for residency status; and if he will make a statement on the matter. [41186/12]
View answerI am informed by the Irish Naturalisation and Immigration Service that the person mentioned by the Deputy is under 16 years of age. In accordance with section 9 (6)(a) of the Immigration Act, 2004, a non-national under 16 years of age is not subject to the requirement to register with An Garda Síochána and to obtain a registration certificate.
When this person reaches 16 years, she should contact her local Garda Síochána registration office, to register her presence in the State. She will be issued with a registration card and appropriate permission to remain will be recorded in her passport.
Queries in relation to the status of individual immigration cases may be made directly to 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.
152. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in the case of a person (details supplied) in County Kildare in respect of their application for residency, whose work permit finished in January 2012 but who has been in Ireland since 2003; and if he will make a statement on the matter. [41187/12]
View answerI refer the Deputy to my reply to Dáil Question No. 1215 of 18th September, 2012 which relates to the person the subject of this question also. In that reply I stated "the person referred to by the Deputy has permission to remain and work in the State until 6 January 2013. He has not contacted INIS in relation to an extension of permission to remain in the State beyond that date or to change the status of that permission."
This remains the position. The person referred to by the Deputy should make an application regarding an extension of his immigration permission, to the General Immigration Section of the Irish Naturalisation and Immigration Service (INIS), 13/14 Burgh Quay, Dublin 2.
Queries in relation to the status of individual immigration cases may be made directly to 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.
153. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in the case of a person (details supplied) in County Meath who requires their Garda National Immigration Bureau card to be updated but who cannot afford the fee; and if he will make a statement on the matter. [41188/12]
View answerThe person concerned has been granted Leave to Remain in the State for the period to 17 August 2013. This decision was conveyed in writing to the person concerned by letter dated 16 August 2012. This communication advised the person concerned of the conditions attaching to her permission to remain and the requirement that she attend at her local Garda Registration Office to have the registration process completed. The registration process involves the person concerned attending with the original copy of this Department's decision letter in addition to her National Passport or some other form of photographic identification document and, upon payment of the appropriate registration fee, the registration process is completed.
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 the INIS is, in the Deputy’s view, inadequate or too long awaited.
154. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of an application for subsidiary protection or leave to remain in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [41189/12]
View answerThe person concerned had a Deportation Order made against her, following the refusal of her asylum application and her application for subsidiary protection and the subsequent consideration of her case under Section 3 (6) of the Immigration Act 1999. She lodged judicial review proceedings in the High Court, challenging the decision to refuse subsidiary protection and to make a Deportation Order against her. These proceedings were settled. Arising from the settlement, the deportation order was revoked and a fresh proposal to deport letter has been issued. A fresh application for subsidiary protection has been submitted which will be considered and the person concerned notified in writing of the outcome in due course.
In the event that the person's application for subsidiary protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 and Section 5 of the Refugee Act 1996 on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.
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 the INIS is, in the Deputy’s view, inadequate or too long awaited.
155. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of an application for subsidiary protection or leave to remain in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [41190/12]
View answerThe person concerned had a Deportation Order made against him, following the refusal of his asylum application and his application for subsidiary protection and the subsequent consideration of his case under Section 3(6) of the Immigration Act 1999. He lodged judicial review proceedings in the High Court challenging the decision to refuse subsidiary protection and to make a Deportation Order against him. These proceedings were settled. Arising from the settlement, the deportation order was revoked and a fresh proposal to deport letter has been issued. A fresh application for subsidiary protection has been submitted which will be considered and the person concerned will be notified in writing of the outcome in due course.
In the event that the person's application for subsidiary protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 and Section 5 of the Refugee Act 1996 on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.
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 the INIS is, in the Deputy’s view, inadequate or too long awaited.
156. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in respect of an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [41191/12]
View answerArising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 6 December, 2010, 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 leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.
In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. Various headings set out in Section 3(6) of the Immigration Act, 1999 (as amended), include family and domestic circumstances, the length of time the person concerned has been in the State, character and conduct since arrival in the State, employment record and employment prospects as well as any humanitarian considerations advanced by the person concerned. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.
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 the INIS is, in the Deputy’s view, inadequate or too long awaited.
