Written answers

Tuesday, 27 June 2006

Department of Justice, Equality and Law Reform

Asylum Applications

11:00 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 452: To ask the Minister for Justice, Equality and Law Reform the position in relation to the residency application by a person (details supplied) in County Kildare. [24451/06]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 461: To ask the Minister for Justice, Equality and Law Reform if a review can or will be undertaken in the case of a person (details supplied) in County Kildare on humanitarian grounds; and if he will make a statement on the matter. [24548/06]

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Question 467: To ask the Minister for Justice, Equality and Law Reform the status of the applications for refugee status for persons (details supplied); and if he will make a statement on the matter. [24690/06]

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 475: To ask the Minister for Justice, Equality and Law Reform his views in relation to a submission (details supplied); and if he will make a statement on the matter. [24774/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 452, 461, 467 and 475 together.

The records of the person in question show that she entered the State on the 22 April 2002 and made an application for refugee status the following day. The asylum claim was refused on 9 October 2002 and her appeal to the Refugee Appeals Tribunal was also refused. A letter notifying her of this decision and proposing deportation from the State was issued on 1 April 2003.

During the period of consideration of the person's concerned asylum application, she also made an application for permission to remain in the State on the basis of her parentage of an Irish born child who was born on 7 May 2002. This application was received in July 2002. Following the decision of the Supreme Court in the L & O case (2003), the separate procedure which existed at that time to enable non EU national parents to apply to reside in the State on the sole basis of parentage of an Irish born child ended on 19 February 2003. The Government decided on 18 July 2003 that the separate procedure would not apply to cases which were outstanding on 19 February 2003. The case that the Deputy refers came within this category.

Since the person in question did not have an alternative legal basis for remaining in the State, the issue of permission to remain could only be considered in the context of a Ministerial proposal to deport her in accordance with s.3 Immigration Act 1999. While the person concerned had already made representations following the proposal issued on 1 April 2004, she was provided with an additional opportunity to make further representations in relation to her case on 3 September 2004. Her case was still under consideration for deportation when I announced a set of revised arrangements for non EU parents of Irish children born on 18 December 2004.

The person in question applied for permission to remain in the State on under the revised arrangements for non EU national parents of Irish citizen children born prior to 1 January 2005, commonly referred to as the IBC/05 scheme. It is an essential requirement of that scheme that each applicant fully completes the IBC/05 application form and signs the statutory declaration form. The applicant initially failed to comply with these requirements on her original application form. The incomplete application form and statutory declaration were returned with all the submitted accompanying documents on 2 October 2005. On 13 October 2005 her legal representative returned the completed IBC/05 application form to my Department. The application was accepted for consideration under the revised arrangements from that time.

In December 2005 and April 2006, my Department was made aware of issues relating to the applicant and her family by the Health Service Executive which I understand are before the Courts. These matters are sub judice and I cannot comment on them. However, I will make a decision in relation to the IBC/05 application when all investigations in relation to this application have been completed. At that stage the person concerned and her legal representative will be informed accordingly.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 453: To ask the Minister for Justice, Equality and Law Reform the position in relation to the application for citizenship in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [24452/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The persons concerned arrived in the State on 15 June, 1998 and applied for asylum. Their claim for refugee status was considered under the process then applicable and was refused by the Asylum Division of my Department. They were notified of the decision on 10 December, 1999. They appealed this decision to the appropriate body at the time, the Appeals Authority, which affirmed the decision of the Asylum Division. They were notified of this decision on 10 November, 2000.

The persons concerned were informed, by letter dated 14 November, 2001, that the Minister proposed to make deportation orders in respect of them and afforded them three options under Section 3(3)(b)(ii) of the Immigration Act, 1999 (as amended), namely to leave the State voluntarily, to consent to the making of deportation orders or to submit, within 15 working days, representations to the Minister in writing, setting out the reasons why they should be allowed remain temporarily in the State.

Representations have been received on behalf of the persons concerned. These persons' case files, 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 files to be passed to me for decision in due course.

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