Written answers

Tuesday, 9 October 2007

Department of Justice, Equality and Law Reform

Residency Permits

8:00 pm

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Question 472: To ask the Minister for Justice, Equality and Law Reform the status of an application for leave to remain for a person (details supplied) in Dublin 24; when or if a decision will be made; and if he will make a statement on the matter. [22788/07]

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 28 November, 2001 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 23 April, 2003 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.

On 10 October, 2006, regulations known as the European Communities (Eligibility for Protection) Regulations, 2006, S.I. No. 518 of 2006, came into force. 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 473: To ask the Minister for Justice, Equality and Law Reform the status of an application for a five year residency visa or permit for a person (details supplied) in Dublin 24; if or when a decision will be made; and if he will make a statement on the matter. [22789/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Minister, Department of Justice, Equality and Law Reform; Dublin West, Fianna Fail)
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I am informed by the Immigration Division of my Department that a decision in relation to the application for residence in the State based on EU Treaty Rights issued to the person concerned, at the above address, by registered post on 17th July 2007. The decision letter was returned to the Immigration Division of my Department by An Post marked "not called for".

The decision letter has since re-issued to the person concerned.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Question 474: To ask the Minister for Justice, Equality and Law Reform the status of an application to have a certificate of registration renewed for a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [22790/07]

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 in question has previously been granted permission to remain on the basis of marriage to an Irish national. This permission has not been renewed. Judicial Review proceedings were instituted on 30 July 2007 and accordingly, as the matter is sub judice I do not propose to comment further on the matter.

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