Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Residency Permits.

Dáil Éireann Debate, Wednesday - 27 September 2006

Wednesday, 27 September 2006

Ceisteanna (301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316)

Bernard J. Durkan

Ceist:

345 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the progress to date in respect of residency and reunification status in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [29147/06]

Amharc ar fhreagra

Bernard J. Durkan

Ceist:

361 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the position of the application for family reunification in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [29163/06]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 345 and 361 together.

The person in question made a Family Reunification application on behalf of his brother in April 2005 and then an application for his son in November 2005. These applications were forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation is completed and the Commissioner has forwarded a report to my Department.

Applications of this type are dealt with in chronological order. These applications will be considered by my Department and a decision will issue in due course.

Bernard J. Durkan

Ceist:

346 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform if he will review the decision to grant residency in the case of a person (details supplied) in County Offaly, who has been appointed by the court as guardian of their two children, following separation; if he will use his discretion to allow the person to remain here to care for their children; and if he will make a statement on the matter. [29148/06]

Amharc ar fhreagra

The person in question applied for permission to remain in the State on the basis of being the parent of an Irish child, born prior to 1 January 2005, in accordance with the revised arrangements announced by me on 15 January 2005, commonly referred to as the IBC/05 scheme. It is a requirement of this scheme that each applicant be of good character. The person in question has not satisfied this requirement and, as a result, his application for permission to remain under the IBC/05 scheme was refused. A letter was issued advising him of this decision on 7 December 2005.

A deportation order is already in force against the person concerned and the representations received from the person in question will be considered in the context of whether or not to implement this deportation order.

Bernard J. Durkan

Ceist:

347 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the position of the application for family reunification in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [29149/06]

Amharc ar fhreagra

The person in question made a Family Reunification application on behalf of her daughter in February 2006. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation is completed and the Commissioner has forwarded a report to my Department.

Applications of this type are dealt with in chronological order. This application will be considered by my Department and a decision will issue in due course.

Bernard J. Durkan

Ceist:

348 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the residency status and the position in respect of the family reunification application by a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [29150/06]

Amharc ar fhreagra

I refer the Deputy to my response to Parliamentary Question No. 69 of 15th June 2006 and No. 327 of 6th April 2006. The position is that there is no provision for the granting of Family Reunification to adult family members of naturalised Irish citizens.

Bernard J. Durkan

Ceist:

349 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the position in relation to the residency application in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [29151/06]

Amharc ar fhreagra

The first named person was granted leave to remain in the State on 9 July, 2002 on the basis of being the father of an Irish born child.

The second named person arrived in the State on 12 November, 2004 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, she was informed by letter dated 4 May, 2006, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State; leaving the State before an order is made or consenting to the making of a deportation order. Representations have been received on behalf of the person concerned.

This person's case file, including all representations submitted, will be considered under Section 3(6) of the Immigration Act, 1999, as amended, and Section 5 of the Refugee Act, 1996 (Prohibition of Refoulement). I expect the file to be passed to me for decision in due course.

Bernard J. Durkan

Ceist:

350 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the position in relation to the residency application in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [29152/06]

Amharc ar fhreagra

I am pleased to inform the deputy that the person in question was granted permission to remain in the State on 21 August 2006 on the basis of being a qualified family dependent of a person who has residency based on parentage of an Irish born child.

Bernard J. Durkan

Ceist:

351 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the position in regard to family reunification in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [29153/06]

Amharc ar fhreagra

The refugee in question made an application for family reunification in respect of her five children in December 2003, this was refused in July 2005.

Following the receipt of further information, this application was reviewed and a decision has recently issued to the person in question.

I understand that the person in question also made an application for Family Reunification on behalf of her husband in February 2006. This application is under consideration and a decision will issue in due course.

Bernard J. Durkan

Ceist:

352 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the position in relation to the application for residency in the case of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [29154/06]

Amharc ar fhreagra

It is not the practice to comment in detail on individual asylum applications.

As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted.

A final decision on this application will be made upon receipt of the decision of the Refugee Appeals Tribunal.

Bernard J. Durkan

Ceist:

353 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform if he, ORAC or RAT had sight of or examined all of the documentation submitted in the case of a person (details supplied) in County Dublin in respect of a residency application; if he will therefore re-examine the issues with the objective of granting at least temporary residency; and if he will make a statement on the matter. [29155/06]

Amharc ar fhreagra

I would refer the Deputy to my Reply to his Dáil Question No. 61 of 15 June 2006. The status of the persons concerned remains as set out in that Reply.

Bernard J. Durkan

Ceist:

354 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform to allow an extended period of residency in the case of a person (details supplied) in County Meath and her son, whom it is intended to refer to the United Kingdom for consideration of their application for refugee status; and if his attention has been drawn to all of the circumstances in the case; and if he will make a statement on the matter. [29156/06]

Amharc ar fhreagra

I would refer the Deputy to my Replies to Dáil Question Numbers 183 of 22 June, 2006 and 74 of 15 June, 2006, in relation to the cases of the persons concerned.

Since my last reply in this matter, the United Kingdom accepted responsibility for examining the child's asylum application and both mother and son were transferred to the United Kingdom, in accordance with the provisions of the Dublin II Regulation on 24 August, 2006.

Bernard J. Durkan

Ceist:

355 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform if he will reconsider the application for family reunification in the name of a person (details supplied) in County Kildare in respect of their child and sibling; and if he will make a statement on the matter. [29157/06]

Amharc ar fhreagra

As I informed the Deputy in my answer to his question on 8 February 2006, my Department has received no correspondence to date in relation to a request for a review of this case. If such a request is received it will be considered.

Bernard J. Durkan

Ceist:

356 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform if he will agree to grant extended residency on personal safety and humanitarian grounds in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [29158/06]

Amharc ar fhreagra

The person concerned arrived in the State on 19 December, 2003 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 21 November, 2005, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State; leaving the State before an order is made or consenting to the making of a deportation order. Representations have been received on behalf of the person concerned.

This person's case file, including all representations submitted, will be considered under Section 3(6) of the Immigration Act, 1999, as amended, and Section 5 of the Refugee Act, 1996 (Prohibition of Refoulement). I expect the file to be passed to me for decision in due course.

Bernard J. Durkan

Ceist:

357 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform when he expects the application for family reunification to be processed in the case of a person (details supplied) in County Galway who has applied for naturalisation and whose wife has residency status in another EU country; and if he will make a statement on the matter. [29159/06]

Amharc ar fhreagra

The person in question made a Family Reunification application on behalf of his wife in May 2006.

The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996.

When this investigation is completed, the Commissioner will prepare and forward a report to my Department. The application will then be considered by my Department and a decision will issue in due course.

Bernard J. Durkan

Ceist:

358 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform when residency status will be awarded in the case of a person (details supplied) in County Dublin on the grounds of being the father of an Irish born child; and if he will make a statement on the matter. [29160/06]

Amharc ar fhreagra

The person concerned arrived in the State on 18 July, 2003 and applied for asylum. His application was deemed to be withdrawn as he failed to inform the Refugee Applications Commissioner of his address, as provided for in Section 9(4A)(b) of the Refugee Act.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, the Minister decided to refuse the person concerned a declaration as a refugee. As the person concerned had not provided the Department with his address, this letter could not be issued.

My Department has no record of receiving an application for residency, on behalf of the person concerned, on the basis of his parentage of an Irish born child.

This person's case file, including all representations submitted, will be considered under Section 3(6) of the Immigration Act, 1999, as amended, and Section 5 of the Refugee Act, 1996 (Prohibition of Refoulement). I expect the file to be passed to me for decision in due course.

Bernard J. Durkan

Ceist:

359 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the position in relation to the residency application of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [29161/06]

Amharc ar fhreagra

A decision has been reached to grant the individual concerned temporary leave to remain in the State and he will be notified of this decision shortly.

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