Written answers

Tuesday, 22 November 2005

Department of Justice, Equality and Law Reform

Asylum Applications

10:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Question 473: To ask the Minister for Justice, Equality and Law Reform if persons (details supplied) who are in full-time secondary education will be granted leave to remain here; and if he will make a statement on the matter. [35174/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The persons concerned arrived in the State on 30 April 2003 and made their applications for asylum on 15 May 2003. Their applications were refused following consideration of their cases by the Office of the Refugee Applications Commissioner and on appeal by the Office of the Refugee Appeals Tribunal.

A notification under section 3(3)(a) of the Immigration Act 1999 issued to the persons concerned on 29 June 2004, 8 November, 2004 and 25 November 2004 respectively, advising them of the decision to refuse them a declaration of refugee status and setting out the options open to them at that point; either to leave the State voluntarily, to consent to the making of a deportation order or to make written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out the reasons as to why they should not be deported.

Representations setting out reasons why the persons concerned should not be deported have been received. A decision will be taken after consideration of a number of factors which are specified in section 3(6) of the Immigration Act 1999, as amended. These factors include considerations relating to the common good, the persons' individual family and domestic circumstances and humanitarian considerations. Consideration will also be given to the prohibition on refoulement which is contained in section 5 of the Refugee Act 1996, as amended.

The details of the Deputy's question refer to persons who have been involved in the Irish education system for some time. I have asked the House before on several occasions, and ask it again, to consider what the consequences would be of a policy not to deport persons involved in the education process and, by implication, their families. In 2003, of the almost 8,000 asylum applicants who arrived in the State, over 1,000 were accompanied minors between the ages of four and 18. Similarly, in 2004, of the almost 5,000 asylum applicants, over 700 were accompanied minors between the ages of four and 18. By adopting a policy of non-deportation in such circumstances, Ireland would be sending out a message to the world that it is assuming an obligation to provide education to those who having been found not to be in need of international protection have otherwise no right to be in the State.

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