Written answers

Tuesday, 20 February 2007

Department of Justice, Equality and Law Reform

Residency Permits

10:00 am

Photo of Michael NoonanMichael Noonan (Limerick East, Fine Gael)
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Question 221: To ask the Tánaiste and Minister for Justice, Equality and Law Reform when a decision will be made on an application for family reunification for a person (details supplied) in County Limerick; and if he will make a statement on the matter. [6082/07]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in June 2006.

The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation is completed and the Commissioner has forwarded a report to my Department. This application will be considered by my Department and a decision will issue in due course.

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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Question 222: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the status of a residency application for a person (details supplied) in Dublin 22. [6092/07]

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 21 September 1998 and applied for asylum. His 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 16 November 2000 that the Minister was proposing to make a deportation order in respect of him. He was, in accordance with the Act, given the option of making representations, within 15 working days, setting out the reasons why he 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. Representations have been received on behalf of the person concerned.

The matter is currently under investigation in my Department and I expect the case file in the matter to be submitted to me for decision shortly. The 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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