Written answers

Thursday, 5 October 2006

Department of Justice, Equality and Law Reform

Asylum Applications

4:00 pm

Photo of Gerard MurphyGerard Murphy (Cork North West, Fine Gael)
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Question 72: To ask the Tánaiste and Minister for Justice, Equality and Law Reform when an application to remain in the State by a person (details supplied) in County Cork will be processed; and if he will make a statement on the matter. [31436/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The person concerned, a Nigerian national, arrived in the State on 24 November, 2004 and applied for asylum. Her application was refused following consideration of the 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, the person concerned was informed by letter dated 27 October, 2005 that the Minister was proposing to make a deportation order in respect of her. She was, in accordance with the Act, given the option of making representations, within 15 working days, setting out the reasons why she should not be deported i.e. be allowed to remain temporarily in the State; leaving the State before the deportation order was made; or consenting to the making of the deportation order. She applied on 23 March, 2005 for permission to remain in the State on the basis of parentage of an Irish born child born before 1 January, 2005; her application was refused on 14 November, 2005 because her Irish born daughter was born on 7 March 2005. Representations setting out reasons why she should not be deported were subsequently received on 30 November, 2005.

I expect the case file in this matter to be submitted to me for decision in due course. This decision will be taken having regard to considerations specified in section 3(6) of the Immigration Act 1999, as amended. These considerations include matters relating to the common good, the person's family and domestic circumstances, as well as humanitarian considerations. Consideration will also be given to the prohibition of refoulement which is contained in section 5 of the Refugee Act 1996, as amended.

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