Written answers

Thursday, 1 December 2005

Department of Justice, Equality and Law Reform

Asylum Applications

5:00 pm

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 186: To ask the Minister for Justice, Equality and Law Reform if he will consider the decision taken in the case of a person (details supplied) in County Kilkenny and give them leave to stay here on humanitarian grounds; and the status of their case; and if he will make a statement on the matter. [37364/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 10 July 2000 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Office of the Refugee Appeals Tribunal.

He was informed by letter dated 1 May 2002 that the Minister proposed to make a deportation order in respect of him and afforded three options under section 3(3)(b)(ii) of the Immigration Act 1999, as amended, namely: to make representations to the Minister setting out the reasons he should be allowed to remain in the State; to leave the State voluntarily; or to consent to the making of a deportation order.

His case was examined under section 3(6) of the Immigration Act, 1999 as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement. Consideration was given to all representations received on his behalf. On 11 December 2003, a deportation order was signed in respect of the person concerned. Notice of this order was served by registered post requiring him to present to the gardaí in Kilkenny on Thursday, 22 January 2004, in order to make arrangements for his deportation from the State. He presented as requested and was given further presentation dates which he kept. He is due to present again to the Garda national immigration bureau on Tuesday, 13 December 2005 at 2 p.m.

An application was made by his legal representatives to me under section 17(7) of the Refugee Act 1996, as amended, seeking re-admission to the asylum process. This application has been rejected and was communicated to his legal representatives by letter dated 29 August 2005. The enforcement of the deportation order is now an operational matter for the Garda national immigration bureau.

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