Thursday, 2 May 2013

Questions (189)

Bernard Durkan

Question:

189. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding long-term residency and or eligibility for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [21058/13]

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Written answers (Question to Justice)

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person concerned has had no permission to be in the State since 22 March, 2011 and that he has also failed to renew his registration with An Garda Síochána as required by section 9 of the Immigration Act, 2004. No application has been received from the person to renew his permission to remain.

No non-national may be in the State other than in accordance with the terms of any permission given to him or her by or on behalf of the Minister. Therefore, in the event that the person has remained in the State, he may be unlawfully present and in breach of his registration requirements. Such contraventions of the Immigration Act, 2004 are offences punishable by a fine on summary conviction not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. A non-national in these circumstances also faces the prospect of being subject to removal proceedings. The INIS have also informed me that the person has previously remained in the State without permission and failed to register. However, on that occasion the person was subsequently granted permission to remain in the State as an exceptional measure on Stamp 4 conditions from 26 May 2010 to 22 March, 2011 (the date of expiry of his passport). The person concerned, if they are still in the State, should now make contact with their local registration officer, An Garda Síochána or with INIS, 13/14 Burgh Quay, Dublin 2 as a matter of urgency.