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Residency Permits

Dáil Éireann Debate, Friday - 7 September 2018

Friday, 7 September 2018

Questions (432)

Bernard Durkan

Question:

432. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application pursuant to section 49 of the International Protection Act 2015 in the case of a person (details supplied); and if he will make a statement on the matter. [35576/18]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that as the case of the person concerned predated the coming into force of the provisions of the International Protection Act 2015, their case does not fall due for consideration under section 49 of the International Protection Act 2015. Instead, and in light of the fact that the protection claims of the person concerned were determined, and refused, under the provisions of the Refugee Act 1996 and the European Union (Subsidiary Protection) Regulations 2013, the provisions of section 3 of the Immigration Act 1999 (as amended) now apply to the case of the person concerned. Against this background, the person concerned was served with a notification under section 3 of the Immigration Act 1999 (as amended) on 20 July, 2018 and, in response, 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 all other applicable legislation, before a final decision is made in the case of the person concerned. Once such a decision has been made, this decision will be notified in writing.

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.

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