Dáil Éireann Debate, Thursday - 26 January 2017
43. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure to be followed to regularise the residency position in the case of a person (details supplied); and if she will make a statement on the matter. [3684/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons concerned have not made contact with INIS Residence Division in respect of their position in the State and there are no applications pending with INIS.
INIS also inform me that the last records maintained for both named persons show that the first person was refused leave to land at Dublin airport on 5 October 2014 and was escorted onto an exit flight on the same day. Regarding the second person named, INIS inform me that this person was also refused leave to land on 3 March 2014.
The persons concerned appear to never have had permission to remain in the State and they should be aware that it is illegal for them, under the Immigration Act 2004, to remain in the State without permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable, under section 13 of the Immigration Act 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. In addition, it is apparent that the persons concerned has failed to meet the requirements of Section 9 of the Immigration Act 2004, which sets out the obligations of non-nationals in respect of registration.
If there are any relevant exceptional circumstances which would justify granting the persons concerned permission to remain in the State, they will be taken into account if the persons concerned are issued with an intention to deport letters under Section 3 of the Immigration Act 1999 (as amended).
Might I remind the Deputy that 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.
