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Dáil Éireann Debate, Thursday - 17 December 2015

Thursday, 17 December 2015

Questions (346)

Bernard Durkan

Question:

346. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will facilitate the return to this jurisdiction of persons (details supplied); and if she will make a statement on the matter. [46065/15]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons in question did have very short periods of permission to remain in the State some years ago. As they failed to renew their permission, they remained in the State without permission and it is for this reason that they were subsequently refused entry to the State.

As the persons in question are over 18 years of age, they are as such deemed to be adults in their own right. It is open to them to present to an immigration officer at the port of entry to enter the State as either students or as the holders of Employment Permits.

I wish to draw the Deputy's attention to the Family Reunification Policy Document which was published in December 2013. This document clearly sets out who may apply for permission under this policy and the criteria which applies to them. The outcome of an immigration decision in the area of family reunification depends on a number of factors: one of these being the security of the residence of the person with whom they seek to be reunited. Immediate family members of non-EEA sponsors will, if granted immigration permission, continue to be subject to the employment permit requirements and they will be entitled to apply for immigration status in their own right under the various channels available, i.e. student, work permit etc. However, it is important to bear in mind that any person is potentially free to make an application to me for permission to reside in Ireland in their own right and also to adduce inter alia in their application any familial relationships with a resident in the State.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically 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 INIS is, in the Deputy’s view, inadequate or too long awaited.

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