Written Answers Nos. 96-110
96. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will set aside the deportation order in the case of a person (details supplied); and if he will make a statement on the matter. [45937/19]
Amharc ar fhreagraI am informed by my officials that the person referred to is the subject of a Deportation Order made on 11 March 2005.
Representations were received on behalf of the person concerned pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. Following the consideration of those representations, a decision was taken in July 2018 that the Deportation Order should be affirmed and this decision was communicated to the person concerned by registered post dated 16 July 2018.
Further representations were received on behalf of the person concerned requesting that the Deportation Order be revoked, pursuant to Section 3(11) of the Immigration Act 1999 (as amended). I wish to make clear that such an application would require substantial grounds to be successful.
The Deputy might wish to note that the effect of a Deportation Order is that the person named on the Order is legally obliged to leave the State and to remain outside of the State. The enforcement of the Deportation Order in this case is now 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 Immigration Service 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 Immigration Service is, in the Deputy's view, inadequate or too long awaited.
97. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the case of a person (details supplied) will be reviewed; and if he will make a statement on the matter. [45938/19]
Amharc ar fhreagraI am informed by my officials that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.
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 all other applicable legislation, in advance of a final decision being made.
Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service 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 Immigration Service is, in the Deputy’s view, inadequate or too long awaited.
98. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency position in regard to stamp 4 and eligibility to take up employment in the case of a person (details supplied); and if he will make a statement on the matter. [45939/19]
Amharc ar fhreagraAs the Deputy will be aware, for reasons of maintaining full confidentiality, it is not my Department's practice to comment on whether an application for asylum or subsidiary protection has been made in the State.
An applicant for such protection status, or their legal representative, should contact either the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate.
The IPO may be contacted: by email to info@ipo.gov.ie; by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2. The International Protection Appeals Tribunal may be contacted either: by email to info@protectionappeals.ie; by telephone at 01-4748400 (or Lo-Call 1890 201 458), or in writing to Corporate Services Division, The International Protection Appeals Tribunal, 6-7 Hanover Street East, Dublin D02 W320.
The Ministerial Decisions Unit also operates an email service - mduinfo@justice.ie.
An applicant for international protection is awarded international protection, whether refugee status or subsidiary protection status, upon a declaration of status being issued from my Department. This is done on foot of a grant recommendation from the International Protection Office (IPO) or a decision of the International Protection Appeals Tribunal (IPAT) to set aside a refusal recommendation of the IPO. My Department processes the recommendations received from the International Protection Office and the decisions of the International Protection Appeals Tribunal in chronological order based on the date the file is received in that Unit. Once the necessary due diligence has been carried out by officials in my Department, a declaration of status will issue as soon as possible.
Under the European Communities (Reception Conditions) Regulations 2018, those in the international protection process have access to the labour market nine months from the date when their protection application was lodged, if they have yet to receive a first instance recommendation from the International Protection Office, and if they have cooperated with the process.
Eligible applicants may apply to my Department for a labour market permission which covers both employment and self-employment. The Labour Market Access Unit (LMAU) of the Immigration Service process applications. The permission is granted to eligible applicants for six months and is renewable until there is a final decision on their protection application. Eligible applicants have access to all sectors of employment, with the exception of the Civil and Public Service, An Garda Síochána, and the Irish Defence Forces.
An applicant who receives a positive decision on their international protection application is granted access rights to the labour market and labour market supports, without the requirement for a work permit, once granted status by the MDU. Further information on Stamp 4 is available on our website: http://www.inis.gov.ie/en/inis/pages/registration-stamps#stamp4.
Queries in relation to the status of individual immigration cases may be made directly to 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 is, in the Deputy’s view, inadequate or too long awaited.
99. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if stamp 4 status will be granted in the case of a person (details supplied); and if he will make a statement on the matter. [45940/19]
Amharc ar fhreagraI have been informed that my Department has no record of a request for permission to reside from the person concerned. It is open to the person mentioned by the Deputy to write to Unit 5, Domestic Residence and Permissions Division, Immigration Service, PO Box 12695, Dublin 2, setting out her current circumstances. Alternatively the person concerned may email INISdefacto@justice.ie for further information on how to proceed.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to 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 is, in the Deputy’s view, inadequate or too long awaited.
100. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a person (details supplied) will be offered a dependent residency status; and if he will make a statement on the matter. [45941/19]
Amharc ar fhreagraI am informed by my officials that the Mother of the person referred to has a valid Stamp 4 permission and therefore they are free to make an application to the Immigration Service for a dependent permission. Please be advised, if successful in their application, the person referred to will received dependent permission on a Stamp 3 basis.
Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service 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 Immigration Service is , in the Deputy's view, inadequate or too long awaited.
101. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if temporary leave to remain can be granted in the case of a person (details supplied); and if he will make a statement on the matter. [45942/19]
Amharc ar fhreagraI have been informed by my officials that the person referred to by the Deputy has had all aspects of their international protection and related claims refused, they are given a short window of opportunity within which to exercise the option of voluntary return. Where this option is not exercised, and on the assumption that the relevant party has no separate basis to remain in the State, section 51 of the International Protection Act 2015 states that, subject to the provisions of section 50 of that Act, the Minister shall make a Deportation Order.
Where a Deportation Order has been made, any material change in the relevant person’s circumstances can be brought to the Minister’s attention through the means of a request, made under section 3(11) of the Immigration Act 1999 (as amended), to have that Order revoked. Any such request made will, of course, be considered on its merits but that process must not be confused with the process provided for under section 49 (9) of the Act of 2015.
Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service 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 Immigration Service is, in the Deputy’s view, inadequate or too long awaited.
102. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will address a matter relating to the case of a person (details supplied) on compassionate and health grounds; and if he will make a statement on the matter. [45943/19]
Amharc ar fhreagraI am informed by my officials that the person concerned is the subject of a Deportation Order signed on 01/02/2019.
Representations have been received on behalf of the person mentioned by the Deputy requesting that the deportation order be revoked, pursuant to the provisions of Section 3(11) of the Immigration Act 1999 (as amended).
This request will be considered as soon as possible. A decision will then be made to either "affirm" or "revoke" the existing deportation order. This decision will be communicated in writing. In the meantime, the deportation order remains valid and in place.
Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service 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 Immigration Service is, in the Deputy's view, inadequate or too long awaited.
103. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a full review of the case of a person (details supplied) will be undertaken with a view to temporary or extended residency; and if he will make a statement on the matter. [45944/19]
Amharc ar fhreagraI am informed that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.
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 all other applicable legislation, in advance of a final decision being made.
Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service 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 Immigration Service is, in the Deputy's view, inadequate or too long awaited.
104. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the relevant documentation sought in the case of a person (details supplied) has been received; and if he will make a statement on the matter. [45945/19]
Amharc ar fhreagraI am informed that the passport from the person concerned was received and acknowledged on 1st November 2019. The person concerned was also informed in this acknowledgement letter that as they are in possession of a Travel Document, their passport will be retained securely on their file. A person may not be in possession of both a Travel Document and a National Passport at the same time.
Refugees, by nature of their status, do not have the protection of their country of origin and therefore cannot avail of a national passport for travel purposes. Refugees are entitled to a travel document from the Immigration Service for the purpose of travel and therefore do not require a passport for travel. Use by a refugee of a national passport can be regarded as re-availing of the protection of the country of origin and may provide grounds for the revocation of status. In contrast, persons with subsidiary protection status may hold a national passport and are entitled to a travel document only if they do not have or cannot obtain a passport. Passports are required to be surrendered to the International Protection Office by all applicants for international protection at the point of application.
Queries in relation to the status of individual immigration cases may be made directly to 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 is, in the Deputy’s view, inadequate or too long awaited.
106. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the proposed decision to deport will be reviewed in the case of a person (details supplied); and if he will make a statement on the matter. [45947/19]
Amharc ar fhreagraI am informed that the person concerned has not submitted representations to date under Section 3 of the Immigration Act 1999 (as amended) detailing why a deportation order should not be made in respect of him.
If the person concerned fails to submit such representations then his case will fall to be considered under the provisions of Section 3 of the Immigration Act 1999 (as amended) at which point due consideration will be given to all representations submitted by him, or on his behalf as to why a Deportation Order should not be made in respect of him.
Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service 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 the cases where the response from the Immigration Service is , in the Deputy's view, inadequate or too long awaited.
107. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the likely residency status in the case of a person (details supplied); and if he will make a statement on the matter. [45948/19]
Amharc ar fhreagraI must advise the Deputy that, based on the information provided, there is no immigration application currently with my Department in respect of the person referred to. While I am therefore unable to provide information on the specific case, I can advise that an application for a work permit must be made to my colleague the Minister for Business, Enterprise and Innovation. I understand that such an application must be made from outside the State.
I must also advise that if the person referred to is in the State without a current residency permission they should immediately contact my Department to determine what options might be open to them to regularise their status.
108. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the residency status and consideration for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [45949/19]
Amharc ar fhreagraI must inform the Deputy that, based on the information provided, my Department could find no immigration record of the person referred to.
Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service 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 Immigration Service is, in the Deputy’s view, inadequate or too long awaited.
109. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a person (details supplied) will be granted permission to join the person's spouse here; and if he will make a statement on the matter. [45950/19]
Amharc ar fhreagraI am informed that the position in relation to the person referred to has remained unchanged since the last Parliamentary Question on the issue was asked on the 23 July, 2019.
The person referred to is the subject of a Deportation Order made on 20 June 2002 and therefore has no entitlement to residency in the State.
Representations were received on behalf of the person concerned pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. Following the consideration of those representations, a decision was taken that the Deportation Order should be affirmed and this decision was communicated to the person concerned by registered post dated 9 November 2017.
It is open to the person concerned to submit further representations requesting that the Deportation Order be revoked, pursuant to Section 3(11) of the Immigration Act 1999 (as amended). However, I wish to make clear that such an application would require substantial grounds to be successful. To date no such further representations have been received in this case.
Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service 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 Immigration Service is, in the Deputy's view, inadequate or too long awaited.
110. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if an individual (details supplied) will have the person's status upgraded and a travel document issued to facilitate a family visit of a parent; and if he will make a statement on the matter. [45951/19]
Amharc ar fhreagraI can inform the Deputy that, based on the information provided, there is no record of an immigration application from the person referred to. However, I can advise the Deputy that non-EEA nationals who visit the State may be granted a maximum of 90 days visitor permission by an immigration officer when they enter at the port of entry. This applies to both non-visa required nationals and visa required nationals.
It is a general policy of my Department not to grant an extension of a visitor permission. The visitor is expected to leave the State by the end of the original period for which permission was granted. If there is a change of circumstances since the original visitor permission or entry visa was granted then my Department will consider an application for an extension of the visitor permission. However, it is generally only in cases where unforeseen circumstances arise that my Department will grant an extension of visitor permission - for example where there is an unexpected illness of the visitor or of a member of the sponsoring family.
If unforeseen circumstances occur which mean that a visitor needs to extend their visitor permission, they must apply in writing by post to:
Extension of Visitor Permission
Residence Division Unit 6
Irish Naturalisation & Immigration Service
PO Box 12695
Dublin 2
Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service 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 Immigration Service is, in the Deputy’s view, inadequate or too long awaited.
