Dáil Éireann Debate, Tuesday - 16 January 2018
603. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [1968/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that they do not have a record of the person named by the Deputy currently registered in the State. Without further details, it is not possible to make further checks.
In my response to a previous Parliamentary Question from the Deputy, question no. 114 of the 7 December 2017, concerning a person of the same name and similar address, I advised the Deputy that as the person in question had not engaged with the immigration service at that time, that he or she should do so a soon as possible. It would appear that as of today, this situation remains.
Regarding regularisation of their status, the person concerned should, without delay, write directly to Unit 2, Residence Division, INIS and include an outline of their history in the State and that of any spouse, partner, children or any other dependents. They should also include full copies of passports, marriage certificate and birth certificates, if applicable. Upon receipt of this information, their situation will be fully assessed.
From the limited details provided, it appears that the person concerned may never have had permission to remain in the State and they should be aware that it is illegal for them, under the Immigration Act 2004, to remain in the State without the 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. In addition, it is apparent that the person concerned has failed to meet the requirements of Section 9 of the Immigration Act 2004, which sets out the obligations of non-nationals in respect of registration.
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.
