Tuesday, 2 July 2013

Questions (549)

Bernard Durkan

Question:

549. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for residency in the case of a person (details supplied) in County Carlow who arrived in 2004 and whose passport was seized by immigration in 2004 and who has a spouse and two children in this jurisdiction; when the passport will be returned; and if he will make a statement on the matter. [31554/13]

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Written answers (Question to Justice)

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to is the subject of a Deportation Order. The person concerned has no application for residency pending and there is no evidence that the person's passport was seized by the Irish Naturalisation and Immigration Service. The person concerned has had his case considered under Section 3(6) of the Immigration Act 1999, as amended and under Section 5 of the Refugee Act 1996, as amended. Refoulement was not found to be an issue in this case. In addition, no issue arises under Section 4 of the Criminal Justice (UN Convention against Torture) Act, 2000. Consideration was also given to private and family rights under Article 8 of the European Convention on Human Rights (ECHR).

The Deportation Order was signed on 3 May 2012. One of the requirements of the Deportation Order is that the person concerned must present to the Garda National Immigration Bureau on an appointed date, to date the person concerned has not presented and is therefore classed as an evader. The person concerned remains in the State illegally. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

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.