Dáil Éireann Debate, Friday - 16 September 2016
118. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will use her discretion to grant Leave to Remain in the case of a person (details supplied); and if she will make a statement on the matter. [25163/16]
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 11th March 2005 following a comprehensive and thorough examination of their asylum claim and a detailed examination of the representations they submitted for consideration under Section 3 of the Immigration Act 1999 (as amended). That Order, which was served by registered post dated 1st April 2005, remains valid and in place.
The person concerned, through their legal representative, has made a request to have that Deportation Order revoked, based on the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). This request will be considered as soon as it is possible to do so. The Deputy might wish to note that the resulting decision will be to 'affirm' or to 'revoke' the existing Deportation Order.
The person concerned, again through their legal representative, has also sought to be re-admitted to the asylum/protection process, pursuant to the provisions of Section 17 (7) of the Refugee Act 1996 (as amended) and the initial decision in this regard is currently under review. Once a final decision has been arrived at, it will be notified in writing. The Deputy might wish to note that the resulting decision in this instance will be to re-admit, or refuse to re-admit, the person concerned to the asylum/protection process.
Given that the person concerned is the subject of a valid Deportation Order, there is no basis for having a Stamp 4 based immigration permission granted to them as things stand. However, the applications already referred to will be considered in due course and decisions will be notified as soon as it is possible to do so.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by email 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 might consider using the email service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
