Written Answers Nos. 117-129
117. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if extension of stamp 4 will be updated in the case of a person (details supplied); if the matter will be updated; and if she will make a statement on the matter. [38191/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that following a series of representations made on their behalf by the Deputy that the person in question was granted permission to reside in the State. A letter to this effect issued on 12 April 2016. I have been informed that they did present themselves as requested to their local Immigration Registration Officer on 27 May 2016 but were refused registration by the Immigration Officer due to an extended absence from the State. It would appear that the person was outside the State when the INIS letter issued. They were informed by the Immigration Officer to write to INIS and in doing so should enclose a full copy of their passport.
To date this person has not engaged with INIS or informed them of their absence from the State. Permission is granted on the condition that a person resides continuously in the State. Continuous residence means living in the State for the period covered by their permission granted, allowing for reasonable periods of absence from the State for holidays or exceptional family circumstances. The person should be advised to write to Unit 2, Residence Division, INIS immediately where their case will receive due consideration.
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.
118. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will facilitate an application to remain here in the case of a person (details supplied); and if she will make a statement on the matter. [38192/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the persons concerned.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, in advance of a final decision being made.
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.
119. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the way in which a person (details supplied) can be facilitated in a request for the necessary regularisation; and if she will make a statement on the matter. [38193/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned by the Deputy entered the State on 31 May 2016 and is registered as a Student in an English language school until 04 July 2017.
I wish to draw the Deputy's attention to the document 'Guidelines for non-EEA national students registered in the State' which is available on the INIS website at www.inis.gov.ie. This notice clarifies the position in relation to all non-EEA students registered in Ireland. As well as this document, a series of guideline notes outlining how the new immigration regime operates is available on the INIS website, including information on maximum time limits for students who wish to study at Language Non-Degree Level and Degree Level. The overall seven year period offered to students gives them ample opportunity to achieve the sort of qualifications they need to qualify them for an employment permit if they wish to remain on in Ireland afterwards.
If the person mentioned wishes to take up employment in the State they must hold an Employment Permit to do so. The issuing of Employment permits is of course a matter for the Department of Jobs, Enterprise and Innovation.
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.
120. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 69 of 10 November 2016, if she will update the information available in the case of a person (details supplied); and if she will make a statement on the matter. [38194/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned has not submitted written representations to date.
The position in the State of the person concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. If any representations are submitted, they will be considered before a final decision is made.
The Deputy may wish to note that 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.
121. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will review as a matter of urgency her Department's proposals to deport in the case of a person (details supplied); and if she will make a statement on the matter. [38196/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), dated 22 August, 2016, the person concerned has submitted written representations.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, in advance of a final decision being made. Once such a decision has been made, this will be notified in writing.
The Deputy may wish to note that 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.
122. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current and likely future residency status in the case of a person (details supplied); and if she will make a statement on the matter. [38198/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was refused a residence card under the provisions of the European Communities (Free Movement of Persons) Regulations 2006 and 2008 (the "Regulations") on 13 June, 2015. Following consideration of all circumstances particular to the case, it was decided to grant permission to remain in the State for a period of one year as an exceptional measure. INIS informed the person in writing that further permission to remain in the State may be extended by the local Immigration Officer provided the person is in compliance with the relevant conditions.
I am further informed that a separate application for naturalisation by the person concerned was refused in August 2016. At that time, the applicant did not fulfil the residency conditions under Section 15 of the Irish Nationality and Citizenship Act 1956, as amended. It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. Detailed information on Irish citizenship and naturalisation, including a residency calculator is available on the INIS website at www.inis.gov.ie.
The Deputy may wish to note that 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 services 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 email service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.
123. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which residency status will be extended in the case of a person (details supplied); and if she will make a statement on the matter. [38199/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned entered the State on 1 November 2014 and was registered on Stamp 2 student permission conditions on 5 December 2014. It is noted that the person concerned has permission to remain in the State until 5 December 2016 on such conditions.
I wish to advise the Deputy, however, that the Residence Division of INIS does not currently have any current application for the person before them. Should they wish to change the status of their immigration permission in the State, then the person concerned should make an application to the Residence Division of INIS setting out the details of their case before their permission expires. Information on application types, qualifying criteria, and required documentation are available on the INIS website.
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.
124. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current position and likely eligibility and entitlement in respect of residency in the case of a person (details supplied); and if she will make a statement on the matter. [38200/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the first named person concerned has permission to remain in the State until 18 October, 2017. This decision was conveyed to them by letter dated 20 October, 2014.
In relation to the case of the second named person concerned, the position is that, if an application for asylum or subsidiary protection in the State was made, the Deputy will be aware that it is not the practice to comment on such applications until they have fully completed the process. This is in accordance with Section 19(1) of the Refugee Act 1996 (as amended) which provides for the protection of the identity of protection applicants.
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.
125. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current position in regard to residency in the case of persons (details supplied); and if she will make a statement on the matter. [38201/16]
View answerIf the person whose details were supplied has made an application for asylum or subsidiary protection in the State, the Deputy is advised that it is not the practice to comment on such applications until they have fully completed the protection process. This is in accordance with Section 19(1) of the Refugee Act 1996 (as amended) which provides for the protection of the identity of protection applicants.
The Deputy is further advised that protection applicants are issued with a temporary residence permission pending a final decision on their application.
126. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 67 of 20 October 2016, if the person's entitlement to remain will be re-evaluated; and if she will make a statement on the matter. [38203/16]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned entered the State on 4 May 2009 and was registered as a student on Stamp 2 conditions between 20 May 2009 and 30 September 2013. It is noted that the person concerned has not had permission to remain in the State since that date.
On 17 August 2015, the person concerned made an application for permission to remain in the State. This application is under consideration at the present time, and the Residence Division of INIS will be in contact with the person concerned in due course.
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 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.
127. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will revoke the decision to deport in the case of a person (details supplied); and if she will make a statement on the matter. [38204/16]
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 20 June 2002, following the refusal of the asylum claim made by the person concerned and the detailed consideration of their case under Section 3 of the Immigration Act 1999 (as amended). That Order remains valid and in place.
Representations were received from the person concerned requesting that the Deportation Order be revoked, pursuant to the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). Following the consideration of that request, a decision was taken in that the Deportation Order should be 'affirmed' and this decision was communicated to the person concerned by registered post dated 27 April, 2016.
The Deputy might wish to note that the effect of a Deportation Order is that the person named on the Order is legally obliged to leave the State and to remain outside the State thereafter. The enforcement of the Deportation Order in this case is an operational matter for the Garda National Immigration Bureau.
The Deputy may wish to note that 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.
128. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure to be followed to update stamp 4 in the case of a person (details supplied); and if she will make a statement on the matter. [38205/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted permission to remain in the State, on a stamp 4 basis, on 6 July, 1999. This permission was subsequently renewed with the latest permission granted up to 26 November, 2016.
To obtain a certificate of registration, they must present at their local immigration office. If they live in the Dublin metropolitan region, they must present at the Burgh Quay Registration Office, 13/14 Burgh Quay, Dublin 2. Attendance is by appointment only. Appointments can be made via the INIS website at https://burghquayregistrationoffice.inis.gov.ie/.
The Deputy will be aware that 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.
129. Deputy Mick Barry asked the Tánaiste and Minister for Justice and Equality the approach that has been made to the French Government in order to locate the unaccompanied migrant children previously situated at the Calais camp and bring them here; and if she will make a statement on the matter. [38233/16]
View answerI can confirm that my Department is working with a number of Departments on all matters arising from the commitments agreed in the recent Dáil motion. Both the French and British authorities and relevant NGOs have been contacted and information is awaited from NGOs in respect of children identified as wishing to relocate to Ireland. It is essential, if Ireland is identified as a location of choice for these young people, that services are in place and can cope with any such arrivals. We must ensure that we maintain the highest standards of international protection and care. The legal pathway for entry must also be robust to ensure that our actions fully comply with international best practice and protection law.
