Dáil Éireann Debate, Tuesday - 13 March 2012
91 Deputy Denis Naughten asked the Minister for Justice and Equality his plans to recognise the residency of non-EEA nationals under the age of 16 years; if he is satisfied that the current situation is not open to legal challenge; and if he will make a statement on the matter. [13478/12]
Amharc ar fhreagraI am not clear as to what the Deputy means by "plans to recognise the residency of non-EEA nationals under the age of 16 years". The question would suggest that the residency of the non-EEA nationals under the age of 16 years is not recognised at present. This is not the case. While non-EEA nationals under the age of 16 years of age are not required to register their residence in the State under the exemption provided for in section 9(6)(a) of the Immigration Act 2004, they are still required to have a permission to be in the State under section 5 of the Act of 2004. In the normal course, that permission would be derived from that of their parents. Other cases are dealt with as they arise. I would point out that the exemption from registration in the 2004 Act is not replicated in the Immigration, Residence and Protection Bill 2010. It is my intention that once that legislation has been enacted, all non-EEA nationals will be required to register, irrespective of their age.
