Written answers

Tuesday, 26 February 2008

Department of Justice, Equality and Law Reform

Refugee Status

9:00 pm

Photo of Bobby AylwardBobby Aylward (Carlow-Kilkenny, Fianna Fail)
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Question 471: To ask the Minister for Justice, Equality and Law Reform the position regarding the application for refugee status by a person (details supplied) in County Waterford; and if he will make a statement on the matter. [8002/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 20 May 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 1 August 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 were submitted on behalf of the person concerned at that time and remain on his case file.

The person concerned then lodged Judicial Review Proceedings in the High Court and, on appeal, to the Supreme Court, challenging the decision of the Refugee Appeals Tribunal to reject his asylum appeal. These Proceedings were unsuccessful. The Supreme Court decision was made on 14 January 2005.

Since that date, the Irish Naturalisation and Immigration Service of my Department has no record of any contact with or from the person concerned. As a result, it was considered that the person concerned no longer wished to pursue his application for permission to remain in the State. However, as a result of the Deputy's Parliamentary Question, the case file of the person concerned is being re-activated and I understand that a representative of my Department will be in contact with the person concerned in the coming days with a view to having his case progressed.

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