Written answers

Thursday, 3 April 2008

Department of Justice, Equality and Law Reform

Deportation Orders

5:00 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 203: To ask the Minister for Justice, Equality and Law Reform when a decision will be made on an application for leave to remain on humanitarian grounds by a person (details supplied) in County Dublin; and if he will make a statement on the matter. [12553/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 18 July 2000 and applied for asylum. His application was refused and a Deportation Order was signed in respect of him on 25 January 2005. Judicial Review proceedings challenging the Deportation Order were instituted on 31 March 2005.

The person concerned submitted an application for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006 S.I. No. 518 of 2006 ('The Regulations') on 26 November 2006. He was informed on 28 November 2006 that his application was invalid as the Deportation Order had been made in respect of him prior to the coming into force of the Regulation on 10 October 2006. Judicial Review proceedings challenging this decision were instituted on 8 December 2006.

These Judicial Review proceedings were settled following the Judgment of Mr. Justice Feeney in the cases of Hila & Djolo, where he determined that under Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006 S.I. No. 518 of 2006 that the Minister has discretion to accept and consider applications for Subsidiary Protection from persons who do not have an automatic right to apply but who have identified new facts or circumstances which demonstrate a change of position from that which pertained at the time the Deportation Order was made.

Subsequently the person concerning submitted an application pursuant to Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006 S.I. No. 518 of 2006 on 23 November 2007, requesting that I exercise discretion to accept and consider an application for Subsidiary Protection. Following a consideration of the material submitted it was concluded that the applicant had established no grounds which would enable me to exercise discretion under Regulation 4(2). The person concerned was notified of my decision on 18 March 2008. The Judicial Review proceedings challenging the Deportation Order are still ongoing and as the matter is sub judice, I do not propose to comment further.

Tony Gregory (Dublin Central, Independent)
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Question 204: To ask the Minister for Justice, Equality and Law Reform the progress in the case of a person (details supplied) raised at the Joint Committee on Foreign Affairs in 2007; and if he will make a statement on the matter. [12556/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 24 April 2005 with her three children and claimed asylum. 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.

The person concerned was informed by letter dated 21 March, 2006 that the Minister proposed to make Deportation Orders in respect of her and her dependants and afforded her 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 Deportation Orders or to submit, within 15 days, written representations to the Minister setting out the reasons why she and her dependants should be allowed to remain temporarily in the State i.e. why they should not be deported.

An application for Subsidiary Protection was received in my Department on 5 April 2007 in respect of the person concerned and her dependants. Following consideration of the application, a decision was reached that they were ineligible for Subsidiary Protection and their case would proceed for consideration under Section 3(6) of the Immigration Act, 1999, as amended.

Their case was subsequently examined 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. Consideration was given to representations submitted on their behalf for permission to remain in the State. On 26 February 2008 I refused permission to remain in the State and instead signed Deportation Orders in respect of them. Notice of these Orders was served by registered post requiring the person concerned and her dependants to present themselves at the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on 27 March 2008 in order to make travel arrangements for their removal from the State. The person concerned presented as required and is due to present again on 29 April 2008.

The effect of the Deportation Orders is that the person concerned and her dependants must leave the State and remain thereafter out of it. The enforcement of the Deportation Orders remains an operational matter for the Bureau.

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