Written answers

Wednesday, 26 September 2007

Department of Justice, Equality and Law Reform

Residency Permits

10:00 pm

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Question 1022: To ask the Minister for Justice, Equality and Law Reform the position regarding an application by a person (details supplied) whose application is, [i]inter alia[/i], based on medical grounds and the need to obtain humanitarian leave to remain on medical grounds. [20516/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 08 September, 2000 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 31 December, 2002, 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 why 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. Representations were received on behalf of the person concerned.

The case file of the person concerned, including all representations and medical evidence submitted will be considered under Section 3 of the Immigration Act, 1999, as amended, and Section 5 of the Refugee Act, 1996 (Prohibition of Refoulement). I expect the case 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 1023: To ask the Minister for Justice, Equality and Law Reform if and when it is expected to grant residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [20529/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 77 of Thursday, 15 June, 2006 and the written reply to that Question. The person concerned arrived in the State on 23 May, 2000 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.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, she was informed by letter dated 30 December, 2002, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why she 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. Representations have been received on behalf of the person concerned.

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 1024: To ask the Minister for Justice, Equality and Law Reform when a decision is expected to be made in the application for residency in the case of a person (details supplied) in Dublin 20; and if he will make a statement on the matter. [20530/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 707 of Tuesday, 26 June, 2007 and the written reply to that question.

Following consideration under Section 3 of the Immigration Act, 1999, as amended and Section 5 of the Refugee Act, 1996, as amended, and as a exceptional measure, the person concerned has been granted permission to remain in the State for three years until 24 September, 2010, subject to certain conditions. This was notified to him by letter dated 24 September, 2007.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1025: To ask the Minister for Justice, Equality and Law Reform the current or expected position in the family reunification application of persons (details supplied) in County Dublin; and if he will make a statement on the matter. [20531/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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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 March 2006.

This application is under consideration by my Department and a decision will issue in due course. At the present time Family Reunification applications are taking up to 24 months to process.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1027: To ask the Minister for Justice, Equality and Law Reform the current or expected position in the application for family reunification by a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [20533/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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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 January 2006.

The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation has been 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.

At the present time Family Reunification applications are taking up to 24 months to process.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1028: To ask the Minister for Justice, Equality and Law Reform the current or expected position in respect of residency status, permanent or temporary, in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [20535/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person in question and her son arrived in the State on 06 January, 2003 and applied for asylum. Her application was refused following consideration of her and her son's 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, she was informed by letter dated 17 August, 2005, that the Minister proposed to make a deportation order in respect of her and her child. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why she 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. Representations were received on behalf of the person in question.

I expect the file to be submitted to me for decision in due course.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1029: To ask the Minister for Justice, Equality and Law Reform the progress regarding the request for extended residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [20536/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person in question submitted an application for permission to remain in the State under the revised arrangements for parents of Irish children born prior to 1st January 2005, commonly referred to as the IBC/05 scheme. The application was refused as the individual concerned did not meet the criteria of the scheme. The person in question, and his legal representative, were both notified of this decision by registered post on 7th June 2006.

My Department is currently appealing a number of matters related to the IBC/05 scheme to the Supreme Court. The matters raised in the application in question may be considered further in light of the findings of the Court.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1030: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the needs of a person (details supplied) in Dublin 8; if he will use his discretionary powers to grant temporary residency on humanitarian and compassionate grounds, with a view to alleviation of anxiety and stress caused by the concept of repatriation; and if he will make a statement on the matter. [20537/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Questions No. 121 of Tuesday, 24 April, 2007, No.131 of Thursday, 29 March, 2007, No. 131 of on Thursday, 8 March, 2007, No. 173 of Wednesday, 6 December, 2006 and No. 158 of Thursday, 11 May, 2006 and the written replies to those Questions.

The file of the person concerned is currently being considered and a decision in the matter will issue in the near future.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1031: To ask the Minister for Justice, Equality and Law Reform the position regarding family reunification in the case of a person (details supplied) in Dublin 6; if he will use his discretionary powers to approve the application; and if he will make a statement on the matter. [20538/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The application referred to by the Deputy was received in the Visa Office, Dublin on 27th February 2007. It was refused by the Visa Officer on 14th March 2007 for a number of reasons: There was insufficient documentation submitted in support of the application; no evidence of finances was shown; the applicant had previous visa refusals; and it was the opinion of the Visa Officer that the granting of the visa may result in a cost to public funds and public resources.

An appeal was received on 31st May 2007. The decision of the Visa Appeals Officer was to uphold the original decision. As each applicant is entitled to one appeal only, no further review of this matter can be facilitated. It is however an option for the applicant to make a fresh application. Comprehensive information on making a visa application is available on the website of the Irish Naturalisation and Immigration Service at www.inis.gov.ie.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1032: To ask the Minister for Justice, Equality and Law Reform the position in relation to the application for leave to remain in the State in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [20539/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 29 April, 2003, as an unaccompanied minor, 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 08 September, 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 why 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. Representations have been received on behalf of the person concerned.

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 1033: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for refugee status in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [20540/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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It is not the practice to comment in detail on individual asylum applications.

As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality & Law Reform on whether such status should be granted.

A final decision on this application will be made upon receipt of the recommendation of the Refugee Applications Commissioner.

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 1034: To ask the Minister for Justice, Equality and Law Reform if he will reply to this Deputy's letter of 14 February 2007 which was a follow up to Parliamentary Question No. 287 of 31 January 2007; and if he will make a statement on the matter. [20561/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to the answer to Parliamentary Question No. 287 of 31st January 2007, in which it was stated that the person in question has no entitlement to Family Reunification under the provisions of Section 18 of the Refugee Act 1996.

With regard to the Deputy's letter of the 14th February 2007 and the various issues raised, the Immigration Division of my Department will be in contact with the person concerned and the Deputy in due course.

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