Written Answers Nos. 130-136
130. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if all documentation requested for renewal of stamp 4 has been submitted in the case of a person (details supplied) in Dublin 1; when it may be expected a decision will be made in this case; and if she will make a statement on the matter. [47644/14]
Amharc ar fhreagraI am advised by the Irish Naturalisation Service (INIS) of my Department that the person concerned was granted temporary permission to remain in the State for an initial two year period, under the revised arrangements applicable to the non-EEA national parents of Irish born children born in the State before 1 January, 2005, more commonly known as the IBC/05 Scheme. This permission was renewed subsequently, with the latest permission due to expire on 13 December, 2014. Correspondence containing documents requested by INIS has recently been received from the person concerned. Following a very recent consideration of his case file by the relevant officials a positive decision letter will issue to him shortly.
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.
131. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 78 of 20 November 2014 the current or expected residency status in the case of a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [47645/14]
Amharc ar fhreagraI refer the Deputy to the relevant extract below of PQ No 78 of 20 November setting out the position which continues to pertain.
As the persons referred to are now resident in the State as non-EEA Students, they are subject to the student immigration rules as 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 nationals may reside in Ireland as students, subject to the provisions of the new regime, for a maximum period of seven years. A maximum of three years student residence is permitted for courses at non degree level.
If the persons concerned remain within the relevant three year (for non degree courses) or seven year (for degree courses, where there is academic progression) maximum timeframe set out above, a further Stamp 2 may be granted to the persons mentioned provided that they are engaged in courses that are listed on the Internationalisation Register operated by the Department of Education and Skills.
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.
132. Deputy Bernard J. Durkan asked the Minister for Justice and Equality to outline 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. [47646/14]
Amharc ar fhreagraThe position in the case of the person concerned is as set out in my Reply to the Deputy's earlier Question, PQ No. 121 of Thursday, 23 October, 2014 - copied beneath.
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.
133. Deputy Bernard J. Durkan asked the Minister for Justice and Equality to outline the position regarding residency in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [47647/14]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has current permission to remain in the State until 29 March, 2015. This decision was conveyed in writing to the person concerned by letter dated 29th March, 2012. It will be open to the person concerned to apply for the renewal of this permission one month before the current permission expires.
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.
134. Deputy Bernard J. Durkan asked the Minister for Justice and Equality to set out the current residency status in the case of a person (details supplied) in Dublin 2; and if she will make a statement on the matter. [47649/14]
Amharc ar fhreagraI 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 so therefore has no right to residency/naturalisation 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 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.
135. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if appropriate travel documents may issue in the case of a person (details supplied) in Dublin 1, to facilitate a humanitarian visit to a relative in the home country; and if she will make a statement on the matter. [47650/14]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that in exceptional cases an application for Irish temporary travel document may be considered in respect of qualifying non Irish nationals who are resident in Ireland. In all such cases, INIS must be satisfied that there is no alternative open to the applicant before an Irish temporary travel document will issue. The person concerned has to show that they have made reasonable and formal efforts to obtain a national passport, that it has been formally and unreasonably refused and that their own consular authorities are unable to offer consular assistance to them whilst resident in the State.
It is open to the person in question to submit an application for a temporary travel document accompanied by the relevant supporting documentation to the Travel Document Unit of INIS which is located at 13-14 Burgh Quay, Dublin 2. Full information in this regard and the applicable application form is available at "www.inis.gov.ie".
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.
136. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will review 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. [47651/14]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy has not made an application to INIS and should be advised to do so setting out details of his and his family's circumstances in the State.
The person concerned arrived in the State on 20/04/2005 and was registered in accordance with the law on 17/05/2006 upon reaching 16 years of age. However, he failed to renew his permission after the expiry date of his last permission on 15/08/2011. It would, therefore, appear that this person has remained in the State without the required permission. This is in breach of Section 5 (1) of the Immigration Act 2004 which provides that no non-Irish national may be in the State other than in accordance with the terms of any permission given to them by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that such persons who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State. It would also seem that this person has failed to meet the requirements of Section 9 of the Act of 2004 which sets out the obligations of non nationals in respect of registration. A person who is found to be in breach of the requirements of the Immigration Act 2004 may have committed an offence. A person found guilty of such an offence is liable under section 13 of the Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.
The enforcement of immigration laws is an operational matter for the Garda National Immigration Bureau.
