Written answers

Tuesday, 9 October 2007

Department of Justice, Equality and Law Reform

Asylum Applications

8:00 pm

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Question 470: To ask the Minister for Justice, Equality and Law Reform the status of an application for subsidiary protection and leave to remain for a person (details supplied) in County Limerick; when a decision will be made; and if he will make a statement on the matter. [22785/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Minister, Department of Justice, Equality and Law Reform; Dublin West, Fianna Fail)
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The person concerned arrived in the State on 08 June, 2004 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 09 March, 2007 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. In addition, he was notified that he was eligible to apply for Subsidiary Protection in accordance with regulations known as the European Communities (Eligibility for Protection) Regulations, S.I. 518 of 2006 which came into force on 10 October, 2006. The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application will be considered in due course.

If the subsidiary protection application is refused, the case file of the person concerned, 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 Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Question 471: To ask the Minister for Justice, Equality and Law Reform the status of an application for asylum for a person (details supplied) in County Kerry; when a decision will be made; and if he will make a statement on the matter. [22787/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Minister, Department of Justice, Equality and Law Reform; 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 and Law Reform on whether such status should be granted.

A final decision on these applications will be made upon receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.

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