Dáil Éireann Debate, Thursday - 19 January 2017
46. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if a recent ruling by the Court of Appeal will have an effect on the case of a person (details supplied); the correct procedure to be followed by the person in view of the ruling; and if she will make a statement on the matter. [2235/17]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that this person arrived in the State on 22 September 2008 on student permission. This permission expired on 5 January 2015. An application was made to INIS on 8 May 2015 for an extension of the student permission. This permission was refused on 12 July 2016 and no further application has been received by this person. The person concerned is now unlawfully in the State.
All non-EEA students resident in the State are subject to the student immigration rules set out clearly on the INIS website, and which were first published in September 2010 and have been in effect since 1 January 2011. These rules stipulate that non-EEA students may remain in Ireland as students, subject to the provisions of the new regime, including demonstrated progression as a student, for a maximum period of seven years. All non-EEA nationals resident in the State on a student permission basis must comply with the above-mentioned immigration rules.
Finally, I can confirm that the Court of Appeal judgment referred to by the Deputy is being appealed to the Supreme Court.
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.
