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

Question 892: To ask the Minister for Justice, Equality and Law Reform the reason no decision has been made on the application of a person (details supplied) in County Waterford to remain here on humanitarian grounds since 2005. [11987/08]

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

The person concerned arrived in the State on 23 September 2002 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), the person concerned was informed, by letter dated 16 March 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 making representations to the Minister setting out the reasons why he should be allowed to remain temporarily 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.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
Link to this: Individually | In context

Question 893: To ask the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 485 of 18 December 2007, the status of the application; and if he will make a statement on the matter. [12005/08]

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

I refer the Deputy to Parliamentary Questions No. 485 of Tuesday 18 December 2007, No. 249 of Wednesday 5 December 2007 and No. 122 of Thursday 4 October 2007 and the written Replies to those Questions. The person concerned arrived in the State on 4 May 2004 and made an application for asylum on 5 May 2004. 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), the person concerned was informed, by letter dated 30 January 2006, 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. Representations have been 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. An application for Subsidiary Protection in the State has been received on behalf of the person concerned, his wife and their dependents. However, this application was signed by only one of the adult applicants and as such is deemed to be invalid without the signatures of both adult parties to the application. This was made known to the legal representative of the person concerned, by letter dated 1 October 2007. This communication also advised the legal representative in question that as they were not the solicitor on record, it was necessary for them to submit a signed letter of authority from the person concerned. However, to date, no completed Subsidiary Protection application has been received on behalf of the person concerned. Neither has the required letter of authority been received from the legal representative in question. The case file of the person concerned, including all representations submitted, will be carefully 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 in advance of the file being passed to me for decision.