Dáil Éireann - Volume 614 - 14 February, 2006

Written Answers. - Residency Permits.

  507. Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform if an application for residency will be granted to a person (details supplied) in County Kildare. [5074/06]

  Mr. McDowell: The person in question arrived in the State on 10 June 2000. She made an application for asylum on 28 November 2000. This application was refused on 24 October 2001 and appealed on 14 November 2001 to the Refugee Appeals Tribunal. Her application for asylum was withdrawn on 11 December 2001 indicating that she was voluntarily returning to her country of origin as her mother was ill. She did not return under the voluntary repatriation scheme and on 1 February 2002 she was issued a notification of proposal to deport from the State under section 3 of the Immigration Act, together with the refusal to grant a declaration or refugee status.

Furthermore, a work permit was granted for the person in question from 7 December 2001 valid to 6 December 2002. She registered with the Garda national immigration bureau on 21 January 2002 and was granted permission to remain until 6 December 2002. Her work permit was not renewed after this date and she did not obtain any further period of permission to remain in the State on that or any other basis since.

She made an application for permission to remain in the State on the basis of her marriage to an Irish national in October 2005. Marriage to an Irish national does not grant any automatic right to enter or reside in the State solely on that basis. Applications of this type are dealt with on a strict chronological basis and in fairness to all other applicants are currently taking approximately 16 months to process.

  508. Mr. Eoin Ryan asked the Minister for Justice, Equality and Law Reform the position regarding an application of a person (details supplied) in Dublin 8 for leave to remain here [1364] on humanitarian grounds; and if he will make a statement on the matter. [5109/06]

  Mr. McDowell: The person concerned entered the State on a “D” employment visa on 4 May 2002 and was granted permission to remain until 4 June 2002. She subsequently attended at her local immigration office and was granted permission to remain until 11 April 2003 in line with the duration of her work permit. She married a non-EEA national on 13 November 2002. Her spouse was granted humanitarian leave to remain in the State on 20 September 2002. No mention of his change in marital status was made when an application for an extension of his permission to remain was received in August 2003, nine months after the marriage had taken place. It should be noted that there is no provision by which the person concerned can apply to remain in the State on the grounds that her husband has been granted humanitarian leave to remain.

The legal representatives of the person concerned were informed by letter dated 7 May 2003 that there was no provision by which their client may apply for permission to remain in the State on the basis of her marriage and should she wish to continue in employment in the State her employer would need to apply for a renewal of her work permit. As this person’s entitlement to remain in the State has expired, officials in my Department will be in contact with the person concerned outlining the options now open to her.