Thursday, 20 June 2013

Questions (196)

Bernard Durkan

Question:

196. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the steps that can be taken to regularise residency in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [29926/13]

View answer

Written answers (Question to Justice)

I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy arrived in the State on 24 August, 2005. It would appear that the person may be in the State unlawfully and in breach of Section 5 (1) of the Immigration Act 2004 which provides that no non EEA national may be in the State other than in accordance with the terms of any permission given to him by or on behalf of the Minister. Section 5 (2) of the Act provides that a non EEA national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.

A person who is found to be in breach of the requirements of the Immigration Act 2004 may have committed an offence. A person found guilty of such an offence is liable under Section 13 of the Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. It is also likely that the person concerned, if he is in employment, would require a work permit issued by the Department of Jobs, Enterprise and Innovation. In general, a work permit is only issued where there is no Irish or EEA national available and qualified to do the particular job concerned. A non EEA national who does not have a valid work permit and works in the State is in breach of the Employment Permits Acts 2003 and 2006. Indeed, the employer is also liable to sanction for breaches of these Acts. I would strongly advise that, as a matter of urgency, the person concerned contacts the General Immigration Division, INIS, 13/14 Burgh Quay, Dublin 2 in relation to his situation.

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 of too long awaited.