Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

Question 477: To ask the Minister for Justice, Equality and Law Reform the status of the asylum applications of persons (details supplied). [28602/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

The first named person submitted an application for asylum to the Office of the Refugee Applications Commissioner on 5 April 2006 . That application was subsequently deemed withdrawn, a Deportation Order was signed by the Minister and the matter is now the subject of Judicial Review proceedings. The second named person submitted an application for asylum to the Office of the Refugee Applications Commissioner on 20 January 2005. This application was refused and this refusal decision was subsequently affirmed by the Refugee Appeals Tribunal.

On 14 March 2005 the second named individual applied for permission to remain in the State under the revised arrangements for parents of Irish-born children born prior to 1 January 2005, commonly referred to as the IBC/05 scheme. This application was refused as the individual concerned did not meet the continuous residency criteria of the scheme. Judicial review proceedings have been initiated in respect of this refusal. My Department is currently appealing a number of matters related to the IBC/05 scheme, including the issue of continuous residence, to the Supreme Court. The application in question may be considered further in light of the findings of the Court.

Mary O'Rourke (Longford-Westmeath, Fianna Fail)
Link to this: Individually | In context

Question 478: To ask the Minister for Justice, Equality and Law Reform if he will review the case of a person (details supplied) in County Louth who seeks to remain here on humanitarian and subsidiary protection grounds. [28603/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

The person concerned arrived in the State on 12 August 2005 and applied for asylum on the 15 August 2005. 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 17 January 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 temporary leave to remain in the State and for Subsidiary Protection in the State and these applications 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).

Mary O'Rourke (Longford-Westmeath, Fianna Fail)
Link to this: Individually | In context

Question 479: To ask the Minister for Justice, Equality and Law Reform if he will reconsider the case of a person (details supplied) in County Westmeath whose family has suffered a dreadful catastrophe recently. [28604/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

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 this application will be made on receipt of the decision of the Refugee Appeals Tribunal.