Written answers

Thursday, 3 April 2008

Department of Justice, Equality and Law Reform

Residency Permits

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 213: To ask the Minister for Justice, Equality and Law Reform the expected position in regard to residency status in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [12729/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I would refer the Deputy to the Reply I gave to his Dáil Question No. 468 of Tuesday, 26 February 2008. My position, as outlined in that Reply, has not changed.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 214: To ask the Minister for Justice, Equality and Law Reform the extent of progress in the case of a residency application in the name of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [12730/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 15 February 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), the person concerned was informed, by letter dated 31 August 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 the State 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 case file of the person concerned, including all representations submitted, will then 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 215: To ask the Minister for Justice, Equality and Law Reform the position in the matter of residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [12731/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to my previous answers to Parliamentary Questions No. 1025 of 26 September 2007, No. 1196 of 30 January 2008, and No. 211 of 7 February 2008.

I am informed by the Immigration Division of my Department that the person in question made an application for Family Reunification in March 2006. The Immigration Division has recently written to the person concerned requesting documentation. The matter will be examined further on receipt of the requested documentation.

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