Dáil Éireann Debate, Tuesday - 24 March 2015
426. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and/or expected residency status in the case of a person (details supplied) in County Galway, who has been living in this jurisdiction for eight years; and if she will make a statement on the matter. [11139/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned by the Deputy would appear to have arrived in the State on 04/08/2006.
It would therefore seem that this person has 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-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 a non Irish national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State. It would 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 and in particular to the requirements of Section 9(2)(b) of the Act of 2004.
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 €3000 or to imprisonment for a term not exceeding 12 months or to both. This person should now present themselves to their local Garda station.
