Written answers

Thursday, 25 October 2007

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 149: To ask the Minister for Justice, Equality and Law Reform if progress has been made in the application for family reunification in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [25893/07]

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 February 2007.

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. 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 150: To ask the Minister for Justice, Equality and Law Reform the progress in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [25894/07]

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 September 2005. In the course of processing the application, questions arose in relation to the authenticity of certain documents submitted. This issue is currently being investigated. This application is under consideration and a decision will issue in due course.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 151: To ask the Minister for Justice, Equality and Law Reform if he will re-examine the application for family reunification in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [25895/07]

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 Family Reunification application from the person in question was refused because the persons on whose behalf the application was made did not qualify as 'dependent member of the family', as outlined in Section 18(4)(b) of the Refugee Act 1996.

There are no provisions under Section 18 of the Refugee Act 1996 for the appeal of a Family Reunification decision.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 152: To ask the Minister for Justice, Equality and Law Reform the current or pending residency status in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [25896/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 18 March, 2003 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, the person concerned was informed by letter dated 9 February, 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 was made or consenting to the making of a deportation order. Representations have been received on behalf of the person concerned.

The 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 153: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [25897/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 28 June, 2004 and applied for asylum on the same day. 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 13 November, 2006, 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 under section 3 of the aforementioned act.

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.

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