Written answers

Thursday, 4 February 2010

Department of Justice, Equality and Law Reform

Asylum Applications

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Question 25: To ask the Minister for Justice, Equality and Law Reform the legislative and administrative measures he proposes following the recent majority Supreme Court decision granting a judicial review of the decision to deport a failed asylum seeker; and if he will make a statement on the matter. [5429/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The recent Supreme Court judgment granted the applicant leave to take a judicial review of the then Minister's decision to make a deportation order against her following the refusal of her application for asylum by both the Office of the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT). This decision was deemed by the Supreme Court to be compatible with the existing test for leave to take judicial review proceedings known as the O'Keefe test. At present my officials are engaged in consultations with the legal team who represented the State's interests in this case in order to clarify the implications of the decision for the asylum/immigration work areas of my Department. It is too early to say what, if any legislative or administrative measures will be required arising from the judgment.

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