Written Answers Nos. 42-48
42. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure a person (details supplied) must follow to update Stamp 4; and if she will make a statement on the matter. [11098/16]
View answerI refer the Deputy to my reply to parliamentary Question No. 351 of 14 April, 2016 which is set out below:
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned currently holds an immigration permission which expires on 21 July, 2016. It is open to the person concerned to contact their local Garda registration office for a further renewal period, two weeks in advance of this date.
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.
43. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of the eligibility of a person (details supplied) for residency status, for Stamp 4 and for naturalisation status; and if she will make a statement on the matter. [11099/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, as the person in question was registered in the State as a student from 07/01/2009 to 31/03/2015, they are subject to the student pathway. In this regard I wish to draw your attention to the document 'Guidelines for non-EEA national students registered in Ireland before 1 January, 2011' which is available on the INIS website at www.inis.gov.ie.
I am informed by INIS, that as the person concerned has now completed the maximum time permitted for student conditions in the State they have come to the end of their immigration permission. I am further informed by INIS, that having carefully considered this person's application it would appear that they do not hold any entitlement to a Stamp 4 immigration status and a letter to this effect will issue to the person concerned in the coming days. The Deputy may wish to note that residency as a student (Stamp 2) is not reckonable towards naturalisation.
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 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 Parliamentary Question 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.
44. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the residency status and entitlement to naturalisation status of a person (details supplied). [11104/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has made an application for subsidiary protection in the State. The Deputy will be aware that it is not the practice to comment on such applications until they have fully completed the protection process.
45. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality to review the application of a person (details supplied) for long-term residency and Stamp 4; and if she will make a statement on the matter. [11105/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to arrived in the State on 13 April 2010 and made a claim for asylum, which claim ultimately was refused. The person referred to was then given the opportunity to submit an application for Subsidiary Protection, and submit representations pursuant to Section 3 of the Immigration Act 1999. No application for Subsidiary Protection was submitted by the person referred to at that time. The person referred to is the subject of a Deportation Order made on 17 September 2013 and therefore has no entitlement to residency in the State.
Since the making of the Deportation Order, the person referred to has attempted to submit an application for Subsidiary Protection, and was informed in writing by INIS that this application could not be considered, as it was made substantially out of time. Judicial Review proceedings were issued on 18 November 2013 challenging the aforementioned refusal to consider the application for Subsidiary Protection and accordingly, as the matter is sub judice I do not propose to comment further.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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.
46. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality to further evaluate an application for residency status, which was previously refused, by a person (details supplied); and if she will make a statement on the matter. [11106/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order signed on 4th May 2011 and therefore has no entitlement to residency in the State. The person had previously applied for asylum and Subsidiary protection, both of which have been refused. Representations were received from the person concerned pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), on 10th February 2016 requesting that the Deportation Order be revoked. A decision has not been made to date on this request. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.
The person concerned instituted High Court proceedings challenging the refusal to grant Subsidiary Protection in their case. The High Court upheld the decision and the person concerned appealed that decision to the Supreme Court on 2nd July 2014 and accordingly, as the matter is sub judice, I do not propose to comment further.
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 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 INIS is, in the Deputy’s view, inadequate or too long awaited.
47. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality to revoke an order to deport on a person (details supplied); and if she will make a statement on the matter. [11107/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 9 December 2010.
Representations were received from the person's legal representative, to request the Minister to use her discretion, pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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.
48. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of an application for residency status eligibility and for naturalisation status of a person (details supplied); and if she will make a statement on the matter. [11108/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 8 April, 2013.
Representations were received from the person concerned pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation order. I am also advised that the person concerned applied for a right of residency in the State, accompanied by the right to work, based on his parentage of an Irish citizen child, which was received in the Department in July, 2015. Both of these matters are under consideration at present.
Queries in relation to general immigration matters may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for his 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.
