Dáil Éireann Debate, Thursday - 10 July 2014
152. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in the case of a person (details supplied) in County Clare who has been asked to produce their national passport even though it has already been retained by the immigration authorities, who is a dependant of their son and who has been legally employed in this jurisdiction for several years; and if she will make a statement on the matter. [30621/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department, that an application was received from the person mentioned by the Deputy on 16 June 2014 seeking to regularise their immigration permission in the State. A letter issued to this person on 17 June 2014 requesting further documentation. Further documentation was received from this person on 8 July 2014 and is now under consideration.
This person and their spouse appear to have entered the State in 2007 and 2006 respectively. It would seem that they have remained in the State without the permission of the Minister for Justice and Equality since that time. 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 also seem that this person failed to meet the requirements of Section 9 of the Act of 2004 which sets out the obligations of non-EEA nationals in respect of registration and in particular I would draw your attention 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 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.
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.
