Dáil Éireann Debate, Thursday - 3 April 2014
184. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency and-or eligibility for naturalisation in the case of a person (details supplied) in Dublin 11; if this case will be reviewed on foot of their employment record having particular regard to the strong recommendation from their workplace; and if he will make a statement on the matter. [15918/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned arrived in the State on 11 May 2004 and remained on Student conditions until 1 March 2007. Since that date, it would appear that this person has remained here without any permission to do so. This is in breach of Section 5 (1) of the Immigration Act 2004 which provides that no non-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. Furthermore, Section 5(2) of the Act provides that a non-national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State. A person found guilty of such an offence is liable under Section 13 of the Act of 2004 to a fine not exceeding €3000 or to imprisonment for a term not exceeding 12 months or both.
A non-EEA national who does not have a valid work permit and works in the State would be in breach of the Employment Permits Acts 2003 and 2006. Indeed both an employee and the employer would be in breach of these Acts if a non-EEA national is employed without the appropriate employment permit.
The individual concerned has been instructed to leave the State by both INIS and the Garda National Immigration Bureau. As he has apparently failed to do so, INIS will be in touch with this person shortly.
Queries in relation to the status of individual immigration cases may be made directly to INIS by email 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 email service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
