Written Answers Nos. 103-109
103. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or potential residency status of a person (details supplied) in County Louth; and if she will make a statement on the matter. [2672/16]
Amharc ar fhreagraI wish to inform the Deputy that the person concerned is the subject of a Deportation Order signed on 20 August 2009 and therefore has no entitlement to residency in the State.
Representations were received from the person's legal representative dated 24 August 2009, which were examined in accordance with the provisions of Section 3(11) of the Immigration Act, 1999 (as amended). Following consideration of the information submitted, the Deportation Order was affirmed.
Further representations were subsequently received from the person's legal representative asking that the Deportation Order be revoked, in accordance with the provisions of Section 3(11) of the Immigration Act, 1999 (as amended). These representations are under consideration. When a decision has been made on that application, that decision will be conveyed in writing to the person concerned. However, the Deportation Order remains valid and in place and its enforcement 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.
104. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 122 of 11 June 2015, the current and likely residency status of a person (details supplied) in County Limerick; if the person's status has altered in the interim; and if she will make a statement on the matter. [2673/16]
Amharc ar fhreagraThe person concerned lodged an application for asylum at the Office of the Refugee Applications Commissioner on 19th November 2014. Following investigation by that office, it was established that the person concerned had been in possession of a valid visa issued by the United Kingdom authorities at the time of their asylum application in this State.
Arising from their previous visa history in the United Kingdom, and in accordance with the provisions of the Dublin III Regulations, a determination was made that the person concerned should be transferred to the United Kingdom for the purposes of having their asylum application examined there.
This determination placed a legal obligation on the person concerned to 'present' at the Offices of the Garda National Immigration Bureau (GNIB), on 7 July 2015, to make arrangements for their formal transfer to the United Kingdom. The person concerned failed to present and is classified as evading their transfer. Should they come to the notice of the Gardaí, they would be liable to arrest and detention. They should, therefore, present to the GNIB without any further delay.
Queries in relation to the status of individual immigration cases may be made directly to the Irish Naturalisation and Immigration Service (INIS) by Email 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.
105. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and potential residency status of a person (details supplied) in County Meath; and if she will make a statement on the matter. [2674/16]
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 made on 4 May 2010 and therefore has no entitlement to residency in the State.
Representations were received from the person concerned 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.
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.
106. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when a stamp 4 will issue to a person (details supplied) in Dublin 24. [2678/16]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order, made on 11th March, 2005 following a comprehensive and thorough examination of their asylum claim and a detailed examination of the representations they submitted for consideration under Section 3 of the Immigration Act 1999 (as amended). That Order, which was served by registered post dated 1st April, 2005, remains valid and in place.
The person concerned, through their legal representative, has made a request to have that Deportation Order revoked, based on the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). This request will be considered as soon as it is possible to do so. The Deputy might wish to note that the resulting decision will be to 'affirm' or to 'revoke' the existing Deportation Order.
The person concerned, again through their legal representative, has also sought to be re-admitted to the asylum/protection process, pursuant to the provisions of Section 17 (7) of the Refugee Act 1996 (as amended). This request is under consideration at present. Once a decision has been arrived at, this will be notified in writing. The Deputy might wish to note that the resulting decision in this instance will be to readmit, or refuse to readmit, the person concerned to the asylum/protection process.
Given that the person concerned is the subject of a valid Deportation Order, there is no basis for having a Stamp 4 based immigration permission granted to them as things stand. However, the requests referred to above will be considered in due course and decisions will be notified as soon as it is possible to do so.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by Email 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.
107. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when residency status will issue to a person (details supplied) in Dublin 7; and if she will make a statement on the matter. [2679/16]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy is resident here on the basis of an extension of student permission, granted under the Irish Graduate Programme as an exceptional measure to allow him or her to seek an employment permit-based position. This temporary permission is due to come to an end shortly.
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.
108. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when a stamp 4 will issue to a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [2680/16]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned made an application for retention of permission to reside in the State, on an individual and personal basis, arising from a change in their personal circumstances. I am informed that INIS wrote to the person on 15 January, 2016 to advise that they were granted permission to remain in the State, on Stamp 4 EUFam conditions, until 14 January, 2021.
I am also advised that the person concerned made a separate application, on 18 August, 2015, for a right of residency, accompanied by a right to work, based on her parentage of an Irish citizen child. The person concerned has already been granted permission to remain in the State, on Stamp 4 EUFam, Accordingly, the State's obligation with regard to any permission that might otherwise granted as a result of her parentage of an Irish Citizen child has been met in her case. The INIS will be writing to the person concerned to clarify the matter for the applicant.
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.
109. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the further options open to a person (details supplied) in County Dublin who has been served with a deportation order; and if she will make a statement on the matter. [2685/16]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order signed on 1 December 2015. This Order requires the person concerned to remove themselves from the State and remain outside the State.
However, if new information or circumstances have come to light, which has a direct bearing on their case, and which have arisen since the original Deportation Order was made, there remains the option of a request that I use my discretion, pursuant to Section 3(11) of the Immigration Act, 1999 (as amended) to revoke the Deportation Order. However I wish to make clear that such a request would require substantial grounds to be successful. In the mean-time, the Deportation Order remains valid and in place. The enforcement of the Deportation Order remains a 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.
