Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 202: To ask the Minister for Justice, Equality and Law Reform the position in relation to application for residency in the case of a person (details supplied) in County Offaly; and if he will make a statement on the matter. [12693/05]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

A deportation order was made in respect of the applicant, to whom the Deputy refers, on 27 July 2004. He was notified of this by registered letter, dated 12 January 2005. The applicant instituted judicial review proceedings on 26 January 2005 challenging the deportation order.

These proceedings are ongoing and, accordingly, as the matter is sub judice, it would not be appropriate to comment further at this time.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 203: To ask the Minister for Justice, Equality and Law Reform if he has studied all of the circumstances in the case of a person (details supplied) in County Kildare; if he proposes to reverse his original decision in this case on the grounds submitted to him; and if he will make a statement on the matter. [12694/05]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

Details relating to the mother of this family, from Nigeria, were given in my response to Question No. 142, reference number 32730/04, of Wednesday, 8 December 2004. At that time, I advised the Deputy that I had granted this person temporary leave to remain for a period of 12 months, with her case being reviewed at the end of that period. I also granted temporary leave to remain for a period of 12 months to this person's minor child. I do not propose to review their case before November 2005.

A deportation order was made in respect of her adult son on 26 August 2004. He instituted judicial review proceedings, on 4 March 2005, challenging the deportation order. These proceedings are ongoing and accordingly, as the matter is sub judice, it would not be appropriate to comment further at this time.

It should be noted that a daughter, who is an adult, subsequently applied for asylum in the State. This application has been refused and a decision will shortly be made on whether she will be granted leave to remain, or be deported.

John McGuinness (Carlow-Kilkenny, Fianna Fail)
Link to this: Individually | In context

Question 204: To ask the Minister for Justice, Equality and Law Reform if a new identity card will be issued to a person (details supplied) in County Kilkenny; the status of this person's application to remain in the State; and when a decision is likely in this case. [12695/05]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

The person concerned arrived in the State on 31 July 2003 and applied for asylum on the same day. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, he was informed by letter, dated 15 October 2004, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State; leaving the State before an order is made, or consenting to the making of a deportation order.

This person's case file, including all representations submitted, will be considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 — prohibition of refoulement. I expect the file to be passed to me for decision in due course.

My Department is not in a position to renew this person's temporary residence asylum card, as he has failed the asylum process. He can contact the Repatriation Unit, Department of Justice, Equality and Law Reform, 13-14 Burgh Quay, Dublin 2 and request a status letter, which outlines his present status in the State.

John McGuinness (Carlow-Kilkenny, Fianna Fail)
Link to this: Individually | In context

Question 205: To ask the Minister for Justice, Equality and Law Reform if an application will be expedited for permission to remain in the State based on an Irish born child in the name of a person (details supplied) in County Kilkenny; the timeframe for consideration of such applications; when a decision is likely in this case; and if he will make a statement on the matter. [12696/05]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

The persons concerned made separate applications for permission to remain in the State on the basis of their parentage of an Irish-born child under the revised arrangements announced by me on 15 January 2005.

Applications are being dealt with as expeditiously as possible and, in so far as is possible, in order of receipt. Given the number of applications being processed, it is expected that the processing of the applications from the persons concerned will be completed within the next few weeks.