Written answers

Thursday, 19 October 2006

Department of Justice, Equality and Law Reform

Residency Permits

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 139: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if extended residency will be offered in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [33846/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The person in question arrived in the State on 16 April, 2003 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

The person in question was granted temporary leave to remain in the State on 30 November, 2004, and this was renewed on 1 December, 2005. She currently has permission to remain in the State until 1 December, 2006.

On 17 October, 2006 an application was received from the person in question to have her permission to remain in the State renewed. I expect a decision to issue from my Department in due course.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 140: To ask the Tánaiste and Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 358 of 27 September 2006, if cognisance is taken of the fact that the person concerned is the father of an Irish-born child; and if he will make a statement on the matter. [33847/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 18 July, 2003 and applied for asylum. His application was deemed to be withdrawn as he failed to inform the Refugee Applications Commissioner of his address, as provided for in Section 9(4A)(b) of the Refugee Act.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, the Minister decided to refuse the person concerned a declaration as a refugee. As the person concerned had not provided the Department with his address, this letter could not be issued.

This person's 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 (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 141: To ask the Tánaiste and Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 423 of 27 September 2006, if either or both parents of the Irish born child qualify for residency in view of the fact that they have resided here for three to six years (details supplied); and if he will make a statement on the matter. [33848/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I refer the Deputy to my previous reply to his question of 27 September 2006 regarding the persons in question. There is no separate procedure for considering residency solely on the basis of the length of time a non-EU national is present in the State. The immigration status of the persons concerned is still currently under review.

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