Dáil Éireann Debate, Thursday - 11 December 2014
136. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will review the possibility of regularisation of residency status in the case of a person (details supplied) in County Galway; and if she will make a statement on the matter. [47651/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy has not made an application to INIS and should be advised to do so setting out details of his and his family's circumstances in the State.
The person concerned arrived in the State on 20/04/2005 and was registered in accordance with the law on 17/05/2006 upon reaching 16 years of age. However, he failed to renew his permission after the expiry date of his last permission on 15/08/2011. It would, therefore, appear that this person has remained in the State without the required permission. This is in breach of Section 5 (1) of the Immigration Act 2004 which provides that no non-Irish 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 such persons 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 has failed to meet the requirements of Section 9 of the Act of 2004 which sets out the obligations of non nationals in respect of registration. A person who is found to be 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.
The enforcement of immigration laws is an operational matter for the Garda National Immigration Bureau.
