Dáil Éireann Debate, Wednesday - 12 January 2011
554 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [1023/11]
Amharc ar fhreagraArising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 24th August, 2009, 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 leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.
In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
555 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [1024/11]
Amharc ar fhreagraArising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 25th February, 2010, 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 leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned submitted an application for Subsidiary Protection and this application will be considered first. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.
In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
556 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [1025/11]
Amharc ar fhreagraArising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 23rd August, 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 leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified, by letter dated 28th September, 2007, of her entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.
The position in the State of the person concerned will now be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
557 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [1026/11]
Amharc ar fhreagraAs the name of the person referred to by the Deputy does not match the reference number supplied, it is not possible to provide the information sought at this time. However, information on the particular case the Deputy is referring to will be provided once my Department has received the correct name and reference number.
In that context, I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
558 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform if he will clarify the way a person (details supplied) in County Waterford was deemed to have been avoiding deportation for most of the time since 2003; if this was due to the oversight of the applicant or his Department; and if he will make a statement on the matter. [1027/11]
Amharc ar fhreagraMy Department's records show that the person concerned was served with a Deportation Order on 23rd October, 2003 which placed a legal obligation on him to ‘present' at the Offices of the Garda National Immigration Bureau on 30th October, 2003 in order to make arrangements for his deportation from the State. The person concerned did not ‘present' as required on that occasion and, as such, he was deemed to be evading his deportation. This position continued to obtain until 21st May, 2009, on which date the person concerned ‘presented' at the Offices of the Garda National Immigration Bureau.
On 7th May, 2010, an application to have the Deportation Order revoked, pursuant to the provisions of Section 3(11) of the Immigration Act 1999 (as amended), was received from the legal representative of the person concerned. This application is under consideration at present and a decision is expected shortly. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the relevant party. In the meantime, the person concerned is required to adhere to any residency or reporting requirements placed on him by the Garda National Immigration Bureau.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
559 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform if Stamp 3 can be extended to Stamp 4 to enable a person (details supplied) in County Kildare take up employment; and if he will make a statement on the matter. [1028/11]
Amharc ar fhreagraThe person concerned has had his temporary permission to remain in the State, on Stamp 3 conditions, renewed for a six month period, until 11th April, 2011. This decision was conveyed to the person concerned by letter dated 11th October, 2010.
The decision to grant such status to the person concerned was arrived at following the consideration of his case under Section 3 of the Immigration Act 1999 (as amended). This decision took account of all matters relating to the person concerned which were submitted to me for consideration, including his personal and family circumstances and the decision stands.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
560 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the reason a person (details supplied) in County Dublin is required to make a further new application in view of the fact that they have done so already on several occasions; and if he will make a statement on the matter. [1029/11]
Amharc ar fhreagraI refer the Deputy to my previous replies to Parliamentary Questions in this matter.
I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy made a Family Reunification application in January 2006.
A decision in this case to refuse to grant an application under section 18 was issued to the person referred to on the 11th July 2008 enclosing original documentation submitted in support of their application.
A new application was received from the person referred to by the Deputy on the 21st December 2010. The new application has been forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996.
Where the Minister decides to refuse to grant an application it is open to the applicant to make a new application if he or she sees fit to do so.
In this case, on completion of the investigation the Commissioner will prepare a report to my Department and on receipt of this report the application will be considered further.
I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
561 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform further to Parliamentary Question No. 191 of 7 December 2010, if he will clarify the position regarding a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [1030/11]
Amharc ar fhreagraFurther to Parliamentary Question No. 191 of 7 December 2010, the Travel Document Unit of the Irish Naturalisation and Immigration Service (INIS) informs me that the person referred to in the Deputy's question is still the holder of temporary permission to remain in the State until 29 May 2011, which was granted to him on an exceptional basis.
As previously advised, the person concerned was issued with a temporary travel document on 19 November 2009 valid for one year for the sole purpose of allowing him travel to procure his national passport. He was informed that this temporary travel document would not be renewed as it was being issued to him on a discretionary basis.
In line with usual practice the Garda National Immigration Bureau issued a Certificate of Registration valid up 18 November 2010 being the date of expiry of the temporary travel document and advised that a national passport should be obtained to allow for further registration up to the 29 May 2011. In order to renew an existing registration a person is required under Section 9(2)(a) of the Immigration Act 2004 to produce a passport issued by an authority recognised by the Irish government which establishes identity and nationality unless a satisfactory explanation of the circumstances which prevents a person from doing so is provided.
It is now a matter for the person concerned to contact his own national authorities in order to obtain his passport. I am informed that the DR Congo Embassy in London is the appropriate office to contact in relation to this.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up to date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
