Written answers

Thursday, 9 March 2006

Department of Justice, Equality and Law Reform

Asylum Applications

3:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 185: To ask the Minister for Justice, Equality and Law Reform if he will review the application for refugee and residency status in the case of a person (details supplied) in view of the fact that compelling evidence exists indicating a serious threat to her life and well-being in the event of deportation to her homeland; and if he will make a statement on the matter. [9987/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 7 March 2005 and claimed asylum. Her asylum claim was independently investigated by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, both of whom concluded that she did not meet the criteria for recognition as a refugee. The person concerned had her case considered under section 3 of the Immigration Act 1999, as amendedm and section 5 of the Refugee Act, 1996, as amended, on the prohibition of refoulement, following which I signed a deportation order on 27 February 2006. The person concerned was advised of this decision and of the requirement that she present herself at the offices of the Garda National Immigration Bureau on 9 March 2006 at 2 p.m. to make arrangements for her deportation from the State. The deportation of the person concerned is now an operational matter for the Garda National Immigration Bureau.

I am satisfied that the applications made by the person concerned for asylum and for leave to remain in the State have been comprehensively examined and, as such, it is not my intention to further review her case.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 186: To ask the Minister for Justice, Equality and Law Reform if he has received the necessary information to verify the marital status in the case of a person (details supplied) in Dublin 1; if such information is in fact available; and if he will make a statement on the matter. [9988/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I have been informed that no further information has been received from the person in question relating to his marital status. The person in question was married according to a traditional marriage ceremony. I understand that information received by my Department indicates that the marriage is not recognised as a civil marriage in the country where it took place. The onus is on the applicant to show that the marriage is valid and recognised for the purpose of family reunification. The applicant was informed by letter on 17 January 2006 that he may seek a declaration from the Irish courts under section 29 of the Family Law Act 1995, that the marriage in question is a valid marriage.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 187: To ask the Minister for Justice, Equality and Law Reform the position in the application for family reunification in the case of a person (details supplied) in County Clare; and if he will make a statement on the matter. [9989/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I refer the Deputy to my reply to Question No. 148 on 26 January 2006. This application is still with the Refugee Applications Commissioner for investigation as required under section 18 of the Refugee Act 1996.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 188: To ask the Minister for Justice, Equality and Law Reform the position in the matter of residency and refugee status in the case of a person (details supplied) in Dublin 15 in view of the evidence indicating danger to personal safety in the event of deportation; and if he will make a statement on the matter. [9990/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 9 August 2002 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 Refugee Appeals Tribunal. Subsequently, in accordance with section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 29 August 2003 that the Minister proposed to make a deportation order in respect of him. He was given the option, to be exercised within 15 working days, of making representations to the Minister setting out the reasons 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. His 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 on the prohibition of refoulement. I expect the file to be passed to me for decision in due course.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 189: To ask the Minister for Justice, Equality and Law Reform if he has received and studied the medical reports in the case of a person (details supplied) in County Dublin; his views on the seriousness of the information provided; if he will consider these submissions; and if he will make a statement on the matter. [9991/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 22 October 2003 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 Refugee Appeals Tribunal. Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, he was informed by letter dated 16 February 2006, that the Minister proposed to make a deportation order in respect of him. He was given the option, to be exercised within 15 working days, of making representations to the Minister setting out the reasons 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. His 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 on prohibition of refoulement. I expect the file to be passed to me for decision in due course.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 190: To ask the Minister for Justice, Equality and Law Reform the post-nuptial residency status in the case of persons (details supplied) in Dublin 7; and if he will make a statement on the matter. [9992/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The second named person concerned was granted leave to remain in the State on 24 January 2005 on the basis of being a family dependant of a person who had permission to remain in the State based on parentage of an Irish born child. The fact that the second named person is now married will not affect her residency in the State. As there is no separate procedure for considering residency based on marriage to a person who already has permission to remain in the State, the first named person cannot claim residency status on that basis.

The first named person concerned arrived in the State on 25 April 2003 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 Refugee Appeals Tribunal. Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, he was informed by letter dated 30 August 2005 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 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.

His 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 on prohibition of refoulement. The fact that he is now married can be considered in the context of representations made in the above context. I expect the file to be passed to me for decision in due course.

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