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Immigration Status

Dáil Éireann Debate, Thursday - 16 April 2015

Thursday, 16 April 2015

Ceisteanna (125)

Bernard Durkan

Ceist:

125. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure for the regularisation of residency status in the case of persons (details supplied) in Dublin 1 in view of the fact that the couple in question have one child and are living apart as a result of their residency status; if family reunification is the appropriate process in this case; and if she will make a statement on the matter. [15123/15]

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), that the first person concerned has submitted written representations.

The position in the State of the first 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 fully considered in advance of a final decision being made.

I am further advised that the second person referred to is the subject of a Deportation Order and therefore has no entitlement to residency in the State.

Representations were received from the person's legal representative, pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.

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

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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