Dáil Éireann Debate, Thursday - 3 July 2014
170. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a stamp 4 will be updated in the case of a person (details supplied) in County Tipperary in view of the fact that he has worked in this jurisdiction on foot of work permit in the past; and if she will make a statement on the matter. [28923/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned by the Deputy entered the State on 02/07/2003 and had permission to remain in the State on foot of being the holder of a work permit until 22/06/2004. This person failed to renew their permission since that date.
Therefore it would seem that they have remained in the State without the permission of the Minister for Justice and Equality. This is 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 them by or on behalf of the Minister. Furthermore, 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.
It would therefore seem that this person has failed to meet the requirements of Section 9 of the Immigration Act of 2004 which sets out the obligations of non EEA nationals in respect of registration and in particular to the requirements of Section 9(2)(b) of the Act of 2004. A person who is found in breach of the requirements of the Immigration Act 2004 may have committed an offence. A person found guilty of such an offence may be 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 to both.
The person mentioned should present himself to his local immigration officer.
