Brian O'Shea (Waterford, Labour)
Link to this: Individually | In context

Question 196: To ask the Minister for Justice, Equality and Law Reform if he will provide the services of a solicitor to a person (details supplied) in County Waterford; and if he will make a statement on the matter. [9872/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

I refer the Deputy to Parliamentary Questions No. 193 of Thursday 21 February 2008 and No. 326 of Tuesday 9 May 2006 and the written Replies to those Questions.

As stated in the earlier Reply, the person concerned, accompanied by his two children, arrived in the State on 3 September 2004 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner. The person concerned was advised of his entitlement to appeal this recommendation to the Refugee Appeals Tribunal but did not do so.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 6 December 2005, that the Minister proposed to make deportation orders in respect of him and his children. 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 and his children should be allowed to remain temporarily in the State. Representations were received on behalf of the person concerned.

On 10 October 2006, regulations known as the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006), came into force. 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.

With regard to the issue raised by the Deputy about the provision of legal services to the person concerned, an examination of the case file of the person concerned indicates that he has engaged the services of a legal representative at all stages of the asylum and immigration processes. As a result, I see no justification for an intervention of the nature referred to by the Deputy.