Written answers

Wednesday, 2 April 2008

Department of Justice, Equality and Law Reform

Asylum Applications

9:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Question 882: To ask the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [11832/08]

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, 1997 and applied for asylum. His application was refused at appeal stage following consideration of his case.

The person concerned was informed by letter dated 26 November 1999, 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, representations to the Minister, in writing, setting out the reasons why he should be allowed to remain temporarily in the State.

His case was examined under Section 3 (6) of the Immigration Act, 1999 as amended, and Section 5 of the Refugee Act, 1996 on the Prohibition of Refoulement. Consideration was given to representations received on his behalf from his legal representative for temporary leave to remain in the State. On 11 May 2000, one of my predecessors refused temporary leave to remain in the State and signed a deportation order in respect of him.

An application for permission to remain in the State on the basis of parentage of an Irish born child was made circa August 2002 and refused by letter dated 22 April 2004. An application under the IBC/05 Scheme which introduced revised arrangements for the processing of claims for permission to remain in the State from the non — national parents of Irish born children was refused by letter dated 19 January 2006.

An application for revocation of the deportation order in this case was considered in my Department and a decision was reached by me on 26 February 2008 to affirm the deportation order. The person concerned was informed of my decision by letter dated 10 March 2008 wherein he was required to present himself to the Garda National Immigration Bureau (GNIB) at 13/14 Burgh Quay, Dublin 2 on Thursday 27 March 2008 in order to make travel arrangements for his deportation from the State. He presented as required and was given a further presentation date of Thursday 24 April 2008. The enforcement of the deportation order is now an operational matter for the Bureau.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 883: To ask the Minister for Justice, Equality and Law Reform the position in relation to an asylum application in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [11847/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 6 October 2003 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 12 January 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 submitting written representations to the Minister setting out the reasons why he 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.

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