Dáil Éireann Debate, Tuesday - 24 April 2012
574 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when consideration might be given to upgrading from Stamp 2 to Stamp 4 the residency status of the children of a person (details supplied) in County Kildare; and if he will set out the procedures to be followed in such circumstances; and if he will make a statement on the matter. [19980/12]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) that the person concerned may make an application on behalf of her children to change their immigration status (or if 18 years of age, an application can be made in their own behalf) by writing to the General Immigration Division, Irish Naturalisation and Immigration Service, 13/14 Burgh Quay, Dublin 2.
Queries in relation to the status of individual immigration cases may be made directly to INIS 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 INIS is, in the Deputy's view, inadequate or too long awaited.
575 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of residency status or naturalisation entitlement in the case of a person (details supplied) in Dublin 18; and if he will make a statement on the matter. [19985/12]
Amharc ar fhreagraI refer the Deputy to my reply below to Parliamentary Question No. 195 of Thursday, 29th March 2012. The position is unchanged since then.
Arising 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 18th February, 2002, that the then 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. Representations have been received from and on behalf of the person concerned.
The person concerned applied for permission to remain in the State on the basis of being a parent of an Irish born citizen child, born before 1st January, 2005, in accordance with the revised arrangements announced by the then Minister on 15th January, 2005, commonly referred to as the IBC/05 scheme. His application was refused as he did not meet the Scheme’s good character requirements. He was notified of this decision by letter dated 8th September, 2005.
By letter dated 26th January, 2010, the person concerned was notified of his entitlement to apply for Subsidiary Protection in accordance with the provisions of 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 Subsidiary Protection application 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 a final decision is made. In advance of a final decision being made, the case of the person concerned will be examined to determine what, if any, impact the European Court of Justice Judgment in the Zambrano case may have on his case. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.
Queries in relation to the status of individual immigration cases may be made directly to the INIS 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.
