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Thursday, 23 Oct 2014

Written Answers Nos. 118-124

Immigration Status

Ceisteanna (118)

Bernard Durkan

Ceist:

118. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status, stamp 4 or eligibility for naturalisation in the case of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [40839/14]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned by the Deputy was only registered in the State from 08/08/2003 to 22/06/2004 and has remained in the State without permission since that time. The person concerned should now be advised to present themselves to their local immigration officer.

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 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.

Leave to Remain

Ceisteanna (119)

Bernard Durkan

Ceist:

119. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will grant temporary leave to remain in the case of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [40841/14]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person in question arrived in the State on 5 June 2011 and was registered as a student for three years on non-degree courses, until 11 August 2014. All non-EEA students resident in the State are subject to the student immigration rules set out under the "new immigration regime for full time non-EEA students" which was published in September 2010 and has been in effect since 1 January 2011. These rules stipulate that non-EEA students may reside in Ireland as students for a maximum period of seven years, where only the first three years are permitted on non-degree and language courses.

If this person wishes to continue studying in the State, they must now be enrolled on a degree course before they can be registered again as a student in the State. If the person mentioned by the Deputy wishes to make an application for temporary permission to be in the State, they should be advised to make an application to INIS, as set out in my reply to parliamentary question no. 135 of 25 September 2014.

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 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.

Deportation Orders

Ceisteanna (120)

Bernard Durkan

Ceist:

120. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status in the case of a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [40842/14]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order and therefore has no entitlement to residency in the State.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State.

The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

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.

Immigration Status

Ceisteanna (121)

Bernard Durkan

Ceist:

121. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status in the case of a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [40843/14]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), dated 3rd July, 2013, 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 Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, in advance of a final decision being made.

The Deputy might wish to note that the person concerned has not, to date, provided the documentation requested in a letter to their legal representatives dated 16th January, 2014. This letter was re-issued on 20th October, 2014. The requested documentation should therefore be submitted to the relevant personnel in the INIS as soon as possible.

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.

Immigration Status

Ceisteanna (122)

Bernard Durkan

Ceist:

122. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if consideration will be given on humanitarian grounds to upgrading stamp 3 to stamp 4 in the case of a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [40844/14]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has been granted permission to remain in the State, on immigration Stamp 3 conditions, for the period to 19th October, 2015. This decision was conveyed in writing to the person concerned by letter dated 18th October, 2012.

The decision to grant such status was arrived at following the detailed consideration of the case of the person concerned. This decision would have had regard for all information and documentation on file at the time the decision was made.

It will be open to the person concerned to apply for the renewal of that permission in advance of its expiry date. At such time, I am advised that the INIS would be prepared to undertake a review of the circumstances of the person concerned.

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.

Immigration Status

Ceisteanna (123)

Bernard Durkan

Ceist:

123. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the possibility of regularisation of residency status in the case of a person (details supplied) in County Galway; and if she will make a statement on the matter. [40845/14]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned by the Deputy does not have an application pending. This person was first registered in the State on 30/01/2012 as a student and has remained in the State without permission since 22/01/2013.

The person concerned should be advised to present themselves to their local immigration officer.

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 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.

Immigration Status

Ceisteanna (124)

Bernard Durkan

Ceist:

124. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status in the case of a person (details supplied) in Dublin 2; and if she will make a statement on the matter. [40846/14]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has applied for a right of residency in the State, accompanied by a right to work, based on their parentage of an Irish citizen child, and based also on the principles of the Zambrano Judgment. This application is under consideration at present.

The Deputy might also wish to note that the person concerned made an application for subsidiary protection and that application will be considered, by the relevant statutory authorities, independently of the application referred to in the preceding paragraph.

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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