Written answers

Thursday, 15 November 2007

Department of Justice, Equality and Law Reform

Residency Permits

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 180: To ask the Minister for Justice, Equality and Law Reform if a person (details supplied) in Dublin 24 will be informed as to specific reason their application for family reunification in respect of their children has been refused in order that they can respond by way of appeal; and if he will make a statement on the matter. [29211/07]

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

A certain confusion has arisen in the case referred to by the Deputy. My answer to Question No. 154 of 11 October, 2007, referred erroneously to earlier applications rather than to the most recent ones. This situation arose from the absence of the unique reference numbers which were allocated to these particular visa applications.

The position is that the applications refused by the Visa Officer on 2 August were refused on the grounds that insufficient documentation was submitted in support of the applications and that, further, it would be contrary to general policy to approve a visa in the circumstances of the case. The applicants' Irish Reference has permission to remain in the State under Section 18 of the Refugee Act, 1996 — i.e. the family member of a refugee. Such a person has no right to family reunification.

The period within which an appeal may be submitted (two months) has expired in this case. In all the circumstances, however, if the applicants feel that there are compelling reasons as to why their case should be regarded as exceptional to the general policy, my Department will, on an exceptional basis, review the matter. The application was also refused on the grounds of Insufficient documentation submitted with the application. If the applicants intend seeking a review of the case, they should take note of the list of documentation required to accompany a visa application on www.inis.gov.ie

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 181: To ask the Minister for Justice, Equality and Law Reform if extension of residency status will be granted in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [29212/07]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 182: To ask the Minister for Justice, Equality and Law Reform if extension of residency status will be granted in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [29213/07]

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

I propose to take Questions Nos. 181 and 182 together.

The persons in question, a mother and daughter, arrived in the State on 16 April, 2003 and applied for asylum. Their application was refused following consideration of their case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Following consideration of their case under Section 3 of the Immigration Act 1999 as amended, the persons in question were granted temporary leave to remain in the State on 30 November, 2004, and this was renewed on 1 December, 2005 and 10 January, 2007 respectively. Their current permission to remain is valid up until 10 January, 2008. The persons in question should make an application for renewal of their leave to remain one month before their current permission to remain expires. Their application will then be dealt with in due course by my Department.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 183: To ask the Minister for Justice, Equality and Law Reform his views on allowing an appeal or extension of temporary residency in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [29214/07]

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

The person concerned arrived in the State on 27 December, 2005 as an unaccompanied minor and applied for asylum on 4 January 2006. 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 16 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, SI. No. 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.

In the event that the Subsidiary Protection application is refused, the case file of the person concerned, 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), as amended.

Comments

No comments

Log in or join to post a public comment.