Written answers

Thursday, 14 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 212: To ask the Minister for Justice, Equality and Law Reform the position in the matter of residency status and family reunification in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [5787/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The first named person was given a declaration of refugee status on 24 June 2005, based on the recommendation of the Refugee Applications Commissioner. As a recognised refugee, it would be open to him to make an application for Family Reunification, based on the provisions of Section 18 of the Refugee Act, 1996 (as amended). My Department has no record of having received such an application.

The second named person concerned arrived in the State on 5 July 2002 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 19 August 2004, 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 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 residency status in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [5788/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 7 May 2003 and applied for asylum on 28 May 2003. 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), the person concerned was informed, by letter dated 24 August 2005, 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 making representations to the Minister setting out the reasons why he should be allowed to remain temporarily 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 214: To ask the Minister for Justice, Equality and Law Reform the position in respect of residency status in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [5789/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 28 August 2000 and claimed 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. The person concerned was informed by a letter dated 22 January 2003 that the Minister proposed to make a Deportation Order in respect of him and afforded him three options in accordance with Section 3(3)(b)(ii) of the Immigration Act 1999 (as amended): namely, to leave the State voluntarily, to consent to the making of a Deportation Order, or to submit, within 15 working days, written representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State, i.e. why he should not be deported.

His case was examined 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. Consideration was given to all representations submitted on his behalf for permission to remain in the State. On 12 July 2004 my predecessor refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of him. Notice of this order was served by registered post requiring the person concerned to present himself at the Garda National Immigration Bureau, 13-14 Burgh Quay on Tuesday 10 August 2004 in order to make travel arrangements for his removal from the State. He failed to comply with his reporting requirements and was classified as evading his deportation. He should therefore present himself to the Garda National Immigration Bureau without any further delay. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order remains an operational matter for the Bureau.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 215: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [5790/08]

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, one of the reference numbers does not correspond with the name provided. 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 these applications 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 216: To ask the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [5791/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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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. While it is not the practice to comment in detail on individual asylum applications, I would point out to the Deputy that delays in finalising cases can occur for a variety of reasons, including giving applicants and appellants the fullest opportunity possible to present their cases and the determination of Judicial Review proceedings, where appellants pursue such a course of action.

Where the latter is relevant, the time taken to discharge any proceedings is a matter for the Courts and is not something I can comment on. It is, of course, open to the applicant or the appellant to withdraw any Judicial Review proceedings which they may have instigated and this would allow for their appeal to be processed in the normal manner. 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 residency status in the case of persons (details supplied) in Dublin 15; and if he will make a statement on the matter. [5792/08]

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 concerned was granted permission to remain in September 2004 under family reunification and has permission to remain until the 30th August 2008. However there is no record of any application in respect of the daughter of the person referred to by the Deputy.

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 residency status in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [5794/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 30 August 2002 and claimed 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. The person concerned was informed by letter dated 19 June 2003 that the Minister proposed to make a Deportation Order in respect of him and afforded him three options in accordance with Section 3(3)(b)(ii) of the Immigration Act, 1999 (as amended) namely to leave the State voluntarily, to consent to the making of a Deportation Order or to submit, within 15 working days, written representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State i.e why he should not be deported.

His case was examined 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. Consideration was given to all representations submitted on his behalf for permission to remain in the State. On 11 September 2003 my predecessor refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of him. Notice of this order was served by registered post requiring the person concerned to present himself to Anglesea Street Garda Station, Cork on Thursday 13 November 2003 in order to make travel arrangements for his removal from the State. He failed to comply with his reporting requirements and was classified as evading his deportation. He should therefore present himself to the Garda National Immigration Bureau without any further delay.

An application under Section 3(11) of the Immigration Act 1999 (as amended), seeking revocation of the deportation order was lodged by the legal representatives of the person concerned in April of last year. Same is under ongoing consideration in my Department and it is anticipated that the person concerned will be notified of a decision in this matter in the near future.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 219: To ask the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [5795/08]

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 with 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 220: To ask the Minister for Justice, Equality and Law Reform the current or anticipated residency status in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [5796/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The applicants referred to by the Deputy applied for asylum on 18 August 2004. Their claims were assessed by the Refugee Applications Commissioner who concluded that they did not meet the criteria for recognition as refugees. The Commissioner's recommendations were communicated to the applicants by letters dated 11 April 2005, and 22 April 2005 respectively. These communications advised the applicants of their entitlements to appeal the Commissioner's recommendations to the Refugee Appeals Tribunal, which they duly did.

The Refugee Appeals Tribunal considered these applicants' appeals, following which the Tribunal affirmed the Commissioner's earlier recommendations to reject their claims. The outcomes of these appeals were made known to the applicants by letters dated 22 January 2008. In accordance with normal procedures, these applicants' files have been forwarded to my Department's Ministerial Decisions Unit for final processing of their asylum claims. Letters will be issued to them from my Department shortly, advising them formally that their asylum claims have been rejected and affording them three options as follows:

1. Return home voluntarily;

2. Consent to the making of a deportation order, or

3. Make written representations to the repatriation unit within 15 working days for temporary leave to remain in the state and/or make an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 (SI No. 518 of 2006).

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 221: To ask the Minister for Justice, Equality and Law Reform the position or progress in the matter of residency status in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [5797/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 15 April 2003 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), the person concerned was informed, by letter dated 22 August 2006, 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. Consideration of the case file of the person concerned is nearing completion and I expect the file to be passed to me for decision in the near future.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 222: To ask the Minister for Justice, Equality and Law Reform if and when residency status is expected to be awarded in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [5798/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 10 June 2003 and applied for asylum on 11 August 2003. 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), the person concerned was informed, by letter dated 2 August 2005, 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 making representations to the Minister setting out the reasons why he should be allowed to remain temporarily 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.

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