Written answers

Thursday, 8 November 2007

Department of Justice, Equality and Defence

Residency Permits

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 192: To ask the Minister for Justice, Equality and Law Reform if having regard to the very compelling evidence submitted, he will grant residency under the Subsidiary Protection Regulation 2006 in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [27993/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 06 July, 2005 and applied for asylum the following day. She was accompanied to the State by her four children, who were included on her file. Their applications were refused following consideration of their cases by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

She was informed by letter dated 25 November, 2005, that the Minister proposed to make deportation orders in respect of her and her four children. They were given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why they should be allowed to remain temporarily in the State; leaving the State before orders are made or consenting to the making of deportation orders. Representations have been received on behalf of the persons concerned.

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 was notified of these new regulations and invited to apply for Subsidiary Protection and to update her representations to remain temporarily in the State by letter dated 24 July, 2007. The person concerned submitted an application for subsidiary protection in the State in accordance with these Regulations.

The subsidiary protection application was refused and the persons concerned were notified of this by letter dated 23 October, 2007. The case file of the persons concerned, including all representations submitted, will now 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 193: To ask the Minister for Justice, Equality and Law Reform the position in the matter of residency status in the case of a person (details supplied) in County Meath in view of the serious threat to their life and well-being in the event of deportation to the DRC; and if he will make a statement on the matter. [27994/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 139 of Thursday, 28 September, 2006, Parliamentary Question No. 70 of Thursday, 15 June, 2006, Parliamentary Question No 248 of Thursday, 16 February, 2006 and to Parliamentary Question No. 956 of Wednesday, 26th September, 2007 and the written replies to those questions. The position remains unchanged.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 194: To ask the Minister for Justice, Equality and Law Reform the correct procedure to be followed to regularise the residency status in the case of persons (details supplied) in Dublin 8; and if he will make a statement on the matter. [27995/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I understand from the Immigration Division of my Department that one of the persons referred to by the Deputy has been granted refugee status in the State and has current permission to remain on that basis.

It is therefore, open to the person in question to make a Family Reunification application in respect of his spouse to the Immigration Division of my Department, 13-14 Burgh Quay, Dublin 2.

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