Dáil Éireann Debate, Thursday - 6 March 2014
177. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of representations under section 3 of the Immigration Act 1999 in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [11209/14]
View answerThe persons concerned are a husband and wife who entered the State on separate dates in 2007 and 2008, as students, and were granted permission to remain until 7th February, 2012 and 2nd October, 2012 respectively. The first named person concerned was granted further permission to remain, again on student conditions, for a period of six weeks, ending 9th September, 2013, in order to finalise his affairs in the State and to leave the State by that latter date. He has clearly failed to do so. Neither of the persons concerned have current permission to remain in the State.
In accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the first named person concerned was notified, by letter dated 9th October, 2013, 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 leaving the State voluntarily, of consenting to the making of a Deportation Order or of making written representations to the Minister setting out the reasons why he should not have a Deportation Order made against him. Written representations have been submitted on behalf of the first named person concerned.
The position in the State of the first named person concerned will now 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. All representations submitted will be considered before a final decision is made. Once a final decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.
The Deputy might wish to note that a representative of my Department wrote to the first named person concerned on 13th February, 2014 requesting clarification on certain matters referred to in his written representations. To date no response has been received to that communication.
The second named person concerned currently has an application pending for an extension of student conditions. Once a decision has been made on that application, this decision, and the consequences of the decision, will be conveyed in writing to the second named person concerned.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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.
