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 216: 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 15; and if he will make a statement on the matter. [4447/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The Deputy may wish to note that in the details supplied, the reference number and name do not correspond to each other. I am assuming that the Deputy is referring to the person whose name he supplied. Notwithstanding this, 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 217: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in Dublin 22; and if he will make a statement on the matter. [4448/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The persons concerned claimed asylum in the State on 2 July, 2001 and had their claims examined by the Office of the Refugee Applications Commissioner who recommended that they be recognised as refugees. Based on these recommendations, the then Minister granted them formal declarations of refugee status and they were informed accordingly by letters dated 29 July, 2002. This communication also advised them of the rights and entitlements accompanying refugee status in the State. They continue to hold the status of refugees in the State.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 218: To ask the Minister for Justice, Equality and Law Reform the current or expected position in the matter of family reunification in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [4449/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The persons in question made applications for asylum in the State in March 2001 and February 2001 respectively. On 18 March 2001 the second person concerned gave birth to a child. They subsequently withdrew their asylum applications and sought residency on the basis of parentage of an Irish born child and this was approved. This permission to remain has been renewed for the first person concerned until 8 April 2008 and for the second person until 17 April 2009. Accordingly, the entitlement to seek family reunification under the Refugee Act does not apply in this case.

As the family members in question are visa required nationals, it is open to them to make visa applications to enter the State. They can then outline their circumstances and provide supporting documentation to accompany their visa applications.

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)
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Question 219: To ask the Minister for Justice, Equality and Law Reform when a decision will be reached on the application to remain in the State on humanitarian grounds for a person (details supplied) in County Waterford; and if he will make a statement on the matter. [4457/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 12 April, 2004 and applied for asylum. 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 9 September, 2005 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 submitting written representations to the Minister setting out the reasons why she should be allowed to remain in the State. Representations have been received on behalf of the person concerned.

Following consideration of the case of the person concerned under Section 3 of the Immigration Act 1999, as amended and Section 5 of the Refugee Act 1996, as amended, as an exceptional measure and subject to certain conditions, the person concerned was granted temporary permission to remain in the State for three years until 1 February, 2011. The person concerned was duly notified of this decision by letter dated 1 February, 2008.

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