Dáil Éireann Debate, Thursday - 30 June 2016
61. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure to be followed to regularise residency in the case of a person (details supplied); and if she will make a statement on the matter. [18895/16]
View answerI am advised by the Irish Naturalisation and Immigration Service of my Department (INIS) that it would appear that the person, using the name given by the Deputy, has never registered with the Garda National Immigration Bureau as required by law. If it is the case that the individual in question has remained in the State for the time period as stated, it would therefore seem that this person has remained here without 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 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 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 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 €3,000 or to imprisonment for a term not exceeding 12 months or to both.
This person should now present themselves to their local Garda Station.
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.
