Written answers

Thursday, 7 February 2008

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 207: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [4438/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to the replies to Dáil Questions No. 960 of 26 September, 2007, No. 96 of 26 April, 2007, No. 120 of 22 February, 2007, No. 407 of 31 January, 2007, No. 151 of 14 December, 2006 and No. 56 of 30 November, 2006, in relation to this case. I wish to inform the Deputy that the position remains unchanged.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 208: To ask the Minister for Justice, Equality and Law Reform when he expects a decision to issue in the matter of family reunification in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [4439/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to my previous answer to Parliamentary Questions No. 522 put down for answer on the 18th December 2007, No. 179 put down for answer on 15th November 2007 and No. 149 put down for answer on the 25th October 2007.

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. Family Reunification applications are dealt with in chronological order and at the present time are taking up to 24 months to process.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 209: 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 County Kildare; if due regard has been given to their particular circumstances on humanitarian grounds; and if he will make a statement on the matter. [4440/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 5 June 2006 and applied for asylum. The 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 2007, 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 leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. In addition, she was notified that she was eligible to apply for Subsidiary Protection in accordance with regulations known as the European Communities (Eligibility for Protection) Regulations, S.I. 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 is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that 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 (as amended) on the Prohibition of Refoulement. When this latter consideration has been completed, the case file of the person concerned will be passed to me for decision.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 210: To ask the Minister for Justice, Equality and Law Reform if inquiries into the authentication of documentation in the matter of application for family reunification in the name of a person (details supplied) in County Cork have been completed; and if he will make a statement on the matter. [4441/08]

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 was investigated and I am informed by the Family Reunification Section of my Department that they will shortly be in contact with the legal representative of the person concerned.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 211: To ask the Minister for Justice, Equality and Law Reform the current residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [4442/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to my previous answer to Parliamentary Question No. 1196 put down for answer on the 30th January 2008.

I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in March 2006. This application is under consideration 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 212: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status or decision under subsidiary protection application in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [4443/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 24 March 2000 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 29 May 2002, 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 leaving the State voluntarily, of consenting to the making of a deportation order or of submitting written representations to the Minister setting out the reasons why he should be allowed to remain in the State. Representations have been received on behalf of the person concerned and will be fully considered before the file is passed to me for decision.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 213: 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 8; and if he will make a statement on the matter. [4444/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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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 upon receipt of the decision of the Refugee Appeals Tribunal.

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