Dáil Éireann Debate, Tuesday - 13 December 2016
134. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if leave to remain will be facilitated in the case of a person (details supplied); and if she will make a statement on the matter. [40034/16]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that this person originally arrived in the State on 23 December 2008 and registered as a student on 7 January 2009 and that their permission expired on 31 March 2015.
An application was received in this Department on 12 March 2015 and on 17 May 2016, this person was informed that their application was refused.
If this person chooses to leave the State voluntarily, then it would then be open to them to apply for a D reside visa from outside the State. At that point, any family circumstances would be taken into account along with any other reasons why they believe they should be granted permission to reside in Ireland. If this person were unsuccessful in the application for a D reside visa it would not affect their entitlement to apply for a visa in the future to re-enter this State or to enter any other State.
If there are any relevant exceptional circumstances which would justify granting this person permission to remain in the State, they will be taken into account if the Minister issues them with an intention to deport letter under Section 3 of the Immigration Act 1999 (as amended). If the Minister issues such a letter to this person, and if she decides to make a deportation order against them, please note that an Irish deportation order would have the effect of barring them from the State unless the order is subsequently revoked by the Minister. Such an order may also prevent this person from applying to reside in any of the other European Union Member States.
Please be informed that it is illegal under the Immigration Act 2004 to reside in the State without permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable, under section 13 of the Immigration Act 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. As this person does not have current immigration permission they are not entitled to work.
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 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.
