Written Answers - Residency Permits

Thursday, 13 October 2011

Dáil Éireann Debate
Vol. 743 No. 3

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  173.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice and Equality  Information on Alan Shatter  Zoom on Alan Shatter   the procedure to be followed in respect of an application for family reunification in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [29410/11]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter  Zoom on Alan Shatter  I am informed by the Irish Naturalisation and Immigration Service (INIS) that a decision issued to the person referred to by the Deputy on 13th September 2011. I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

  174.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice and Equality  Information on Alan Shatter  Zoom on Alan Shatter   the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [29411/11]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter  Zoom on Alan Shatter  Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 18th May, 2009, that the then Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then 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 considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

[793]I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

  175.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice and Equality  Information on Alan Shatter  Zoom on Alan Shatter   the current or expected position in respect of a family reunification case in respect of a person (details supplied) in County Louth; and if he will make a statement on the matter. [29412/11]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter  Zoom on Alan Shatter  I am advised by the Irish Naturalisation and Immigration Service (INIS) that the first person referred to by the Deputy was granted permission to remain in the State on 5th August, 2005 under the Revised Arrangements for the non-EEA national parents of children born in Ireland prior to 1st January, 2005, commonly known as the IBC/05 Scheme. This permission to remain has been renewed and is currently valid to 5th August, 2013.

The Deputy should note that the position in the State of the first person referred to is not such as would bring any entitlement to family reunification, a facility which is only available to persons recognised as refugees or with Subsidiary Protection status. The position in the State of the second, third and fourth named persons fall to 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 considered before final decisions are made. Once decisions have been made, these decisions and the consequences of the decisions will be conveyed in writing to the persons concerned.

I would remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specially established for this purpose. The service enables up-to date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

  176.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice and Equality  Information on Alan Shatter  Zoom on Alan Shatter   the current or expected position in respect of an application for family reunification in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [29413/11]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter  Zoom on Alan Shatter  I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was the subject of a family reunification application which was approved on 18th June 2008.

I shouldremind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

  177.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice and Equality  Information on Alan Shatter  Zoom on Alan Shatter   if details of residency permission updates granted since 1998 will be furnished in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [29414/11]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter  Zoom on Alan Shatter  I refer the Deputy to my Reply below to Parliamentary Question No. 218 of Thursday, 7th July, 2011. That position is unchanged. The person concerned was granted permission to remain in the State for an initial [794]one year period. This decision was conveyed in writing to the person concerned by letter dated 20th April, 2006. This permission to remain was subsequently renewed and is currently valid to 29th May, 2013. Each period of permission to remain became operative once the person concerned had completed the registration process with the Garda National Immigration Bureau (GNIB).

If the person concerned requires a letter detailing his reckonable residency in the State, he should send a request in writing to the Garda National Immigration Bureau, 13-14 Burgh Quay, Dublin 2.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

  178.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice and Equality  Information on Alan Shatter  Zoom on Alan Shatter   the procedures to be taken in respect of an application for residency in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [29415/11]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter  Zoom on Alan Shatter  I refer the Deputy to my detailed Reply to his earlier Parliamentary Question, No. 381 of Tuesday, 17th May, 2011 — copied beneath. The position in the State of the person concerned is unchanged since that date.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

  179.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice and Equality  Information on Alan Shatter  Zoom on Alan Shatter   the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [29416/11]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter  Zoom on Alan Shatter  Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 30th June, 2010, that the then Minister proposed to make Deportation Orders in respect of her and her child. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against her and her child. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

[795]The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned, and that of her child, will then 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 considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

  180.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice and Equality  Information on Alan Shatter  Zoom on Alan Shatter   the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [29417/11]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter  Zoom on Alan Shatter  The person concerned applied for asylum on 16th September, 2004. Three of her children were included in her application. Her asylum application was successful and the person concerned was issued with a formal declaration of refugee status by letter dated 27th October, 2005 with this status applying equally to her three children. This communication also advised the person concerned of the rights and entitlements accompanying refugee status in the State, one of which was that she would be permitted to reside in the State on Stamp 4 conditions.

Information came to light which suggested that the grant of refugee status may have been founded on false information and as a result the person concerned was notified by letter dated 3rd July, 2009 that the then Minister was proposing to revoke her refugee status in accordance with the provisions of Section 21(1)(h) of the Refugee Act 1996 (as amended) as it appeared that she had given false and misleading information during the course of her asylum application. She was informed that she had 15 working days from the date of that letter to make representations to the Minister in this regard. The person concerned made representations to the Minister within the specified period.

Following the review of the case of the person concerned, including all representations submitted, the then Minister decided to revoke her status as a refugee. The person concerned was notified of this decision by letter dated 4th December, 2009. This letter also informed her of her entitlement to appeal this decision to the High Court under Section 21(5) of the Refugee Act 1996 (as amended). Arising from the revocation of her refugee status, the person concerned no longer enjoys the benefits accruing from refugee status in the State and therefore her permission to reside in the State, and that of her three children, under Stamp 4 conditions was withdrawn.

The person concerned was notified by letter dated 15th January, 2010 that as she no longer had an entitlement to remain in the State, the then Minister proposed to make Deportation Orders in respect of her and her three children. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against her and her three children. In addition, she was [796]notified of her entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned, and that of her three children, will then 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 considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

It is noted that the address supplied in the Deputy’s Question does not match the address currently on record in my Department. If, as it appears, the person concerned has changed address, she is legally obliged to communicate such an address change to my Department and, as such, she should do so without further delay.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Question system.

  181.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice and Equality  Information on Alan Shatter  Zoom on Alan Shatter   the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [29418/11]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter  Zoom on Alan Shatter  The person concerned is the subject of a Deportation Order, made on 9th December, 2010, following a comprehensive and thorough examination of his asylum claims, his application for Subsidiary Protection and a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended). The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

The Deputy will appreciate that in light of the above clarification the person concerned could not be deemed to have an outstanding application for residency. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

  182.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice and Equality  Information on Alan Shatter  Zoom on Alan Shatter   the current or expected position in respect of an application for residency in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [29419/11]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter  Zoom on Alan Shatter  The persons concerned are a husband and wife, who lodged separate asylum applications in 2009 and 2008 respectively, and their adult daughter who lodged an asylum application in 2009. Their respective asylum appli[797]cations were refused following the consideration of their individual cases by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of their respective asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), they were separately notified, the husband and wife by letters dated 8th April, 2010 and their daughter by letter dated 7th July, 2010, that the then Minister proposed to make Deportation Orders in respect of them. They were each given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against them. In addition, they were notified of their respective entitlements to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The persons concerned submitted individual applications for Subsidiary Protection. When consideration of these applications has been completed, the persons concerned will be notified in writing of the outcomes. In the event that the applications for Subsidiary Protection are refused, the position in the State of the persons concerned will then 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. Once decisions have been made, these decisions and the consequences of the decisions will be conveyed in writing to the persons concerned.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

  183.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice and Equality  Information on Alan Shatter  Zoom on Alan Shatter   the procedures to be followed in respect of an application for residency, notwithstanding an order to deport, in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [29420/11]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter  Zoom on Alan Shatter  I refer the Deputy to my detailed Reply to his earlier Parliamentary Question, No. 214 of Thursday, 22nd September, 2011 — copied beneath. The position in the State of the person concerned is unchanged since that date.

The person concerned is a failed asylum applicant, having claimed asylum in the State in November, 2003. His asylum claim was investigated by the Offices of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, both of whom concluded that the person concerned did not meet the criteria for recognition as a refugee. Against this background, I am satisfied that the asylum claim of the person concerned was fairly and comprehensively examined before a decision to refuse it was arrived at. I am equally satisfied that the representations submitted by and on behalf of the person concerned, for consideration under Section 3 of the Immigration Act 1999 (as amended), were given the fullest consideration under all the relevant headings before a decision was taken to make a Deportation Order in respect of him, on 2nd December, 2005. Overall, I am satisfied that the decision taken to deport the person concerned is justified.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

  184.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice and Equality  Information on Alan Shatter  Zoom on Alan Shatter   the current or expected position in respect of an application for residency in the case of a person (details supplied) in Carlow; and if he will make a statement on the matter. [29421/11]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter  Zoom on Alan Shatter  The person concerned entered into the State in August 2005 and has remained in the State since that time without the permission of the Minister. Consequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 16th July, 2010, that the then Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should not have a Deportation Order made against her.

The position in the State of the 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 considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

  185.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice and Equality  Information on Alan Shatter  Zoom on Alan Shatter   the current or expected position in respect of an application for a Garda National Immigration Bureau card in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [29422/11]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter  Zoom on Alan Shatter  The person concerned was granted permission to remain in the State in January, 2003 based on her parentage of an Irish born citizen child. This permission to remain has been renewed on a number of occasions since that time with the last such renewal having expired on 28th March, 2011. The person concerned has applied to the Garda National Immigration Bureau to have her permission to remain further renewed.

However, it has not been possible to have this renewal process completed owing to a difficulty arising with some of the documentation presented by the person concerned during the course of her application for renewal. As a result, the case of the person concerned has been referred back to my Department by the Garda National Immigration Bureau for examination. A representative of my Department wrote to the person concerned on 15th July, 2011 to advise [799]her of the steps she must take to rectify the documentation related issue. Upon receipt of the requested documentation, the case of the person concerned can be considered further.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specially established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

  186.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice and Equality  Information on Alan Shatter  Zoom on Alan Shatter   the current or expected position in respect of an application for a Garda National Immigration Bureau card in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [29423/11]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter  Zoom on Alan Shatter  The person concerned was granted permission to remain in the State in January, 2003 based on his parentage of an Irish born citizen child. This permission to remain has been renewed on a number of occasions since that time with the last such renewal having expired on 28th March, 2011. The person concerned has applied to the Garda National Immigration Bureau to have his permission to remain further renewed.

However, it has not been possible to have this renewal process completed owing to a difficulty arising with some of the documentation presented by the person concerned during the course of his application for renewal. As a result, the case of the person concerned has been referred back to my Department by the Garda National Immigration Bureau for examination. A representative of my Department wrote to the person concerned on 15th July, 2011 to advise him of the steps he must take to rectify the documentation related issue. Upon receipt of the requested documentation, the case of the person concerned can be considered further.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specially established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

  187.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice and Equality  Information on Alan Shatter  Zoom on Alan Shatter   the current or expected position in respect of an application for a stamp 4 visa in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [29424/11]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter  Zoom on Alan Shatter  I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was the subject of a Family Reunification Application which was approved on 2, September 2005. I am also informed by INIS that a letter outlining the residency status of the person referred to was issued by the Family Reunification Section on 30th August 2011.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.


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