Written answers

Thursday, 6 March 2008

Department of Justice, Equality and Law Reform

Asylum Applications

5:00 pm

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)
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Question 195: To ask the Minister for Justice, Equality and Law Reform when decisions will be reached on the applications of a person (details supplied) in County Waterford for leave to remain in the State and subsidiary protection; and if he will make a statement on the matter. [9871/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned applied for asylum on 31 March 2006 on her own behalf and on behalf of her two children. 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 16 June 2007, that the Minister proposed to make deportation orders in respect of her and her children. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of deportation orders or of making representations to the Minister setting out the reasons why she and her children should be allowed to remain temporarily in the State. This communication also advised the person concerned of her entitlement to apply for Subsidiary Protection in accordance with regulations known as the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 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 individual 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.

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