Joe Costello (Dublin Central, Labour)
Link to this: Individually | In context

Question 487: To ask the Minister for Justice, Equality and Law Reform the progress of the application for asylum of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [10485/08]

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

The person concerned arrived in the State on 24 February 2005, on a C-Visit Visa, valid to 15 March 2005. He applied for asylum on 9 March 2005. 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 then lodged Judicial Review Proceedings in the High Court challenging the decision of the Refugee Appeals Tribunal to reject his asylum appeal. These Proceedings were successful. The person concerned was afforded a re-consideration of his case by the Refugee Appeals Tribunal. The re-consideration took place but again the Tribunal concluded that the person concerned did not meet the criteria for recognition as a refugee.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 28 December 2007, 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. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with 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.

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

Question 488: To ask the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 170 of 15 November 2007, if he has received the decision of the Refugee Appeal Tribunal in the case of the person (details supplied); and if he will make a statement on the matter. [10492/08]

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

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.