Dáil Éireann Debate, Tuesday - 25 October 2016
152. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of an application for leave to remain under section 3 of the Immigration Act 1999 on humanitarian grounds in the case of a person (details supplied); and if she will make a statement on the matter. [31963/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned arrived in the State on 5th June 2011 and was registered in the State on Stamp 2 student conditions between 22nd June 2011 and 11th August 2014. The person concerned has resided in the State without permission since that date.
On 27th July 2016, the person concerned made an application for permission to remain in the State. They were informed on 15th September 2016 that following a consideration of the individual circumstances of their case, including all the matters known to the INIS and which had been adverted to in their application, it had been decided that their situation did not warrant the granting of permission to remain in the State. They were informed that this was because their child's Stamp 4 permission to remain in the State did not confer upon them any entitlement to permission to remain in the State. The person concerned was also informed that they were required to leave the State without delay. They were also informed that if evidence of their departure from the State was not received by the 15th October 2016, then they would be issued with a notification under Section 3(4) of the Immigration Act 1999.
The person concerned corresponded with the INIS on 12th October 2016, asserting that they wished to apply for humanitarian leave to remain and wished to have their case considered under Section 3 of the Immigration Act 1999. On foot of this letter, a notification under Section 3(4) of the Immigration Act 1999 has been prepared and is due to issue shortly. Any submissions or representations that the person concerned makes will be taken into account when their case is considered under Section 3(6) of the Immigration Act 1999.
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 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 Question process. The Deputy may consider using the e-mail service except in questions where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
