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 228: To ask the Minister for Justice, Equality and Law Reform the position in regard to the application for family reunification in respect of a person (details supplied) in Dublin 15. [12744/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in respect of his sister referred to in July 2002. This application was refused in April 2004 and refused on appeal in June 2004.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 229: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in County Laois; and if he will make a statement on the matter. [12745/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The first person concerned has an ongoing asylum application and 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. The second person concerned submitted an application for renewal of their permission to remain in the State granted under the IBC/05 Scheme. On 7th September, 2007 this permission was renewed until 8th October, 2010.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 230: To ask the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 1245 of 30 January 2008, if his attention has been drawn to the suggestion that documentation submitted in connection with the application lacked authentication, which is strongly refuted by the applicant and that the applicant is adamant that all requirements have been complied with in good faith; when he expects a decision to be made in the case. [12750/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to my previous answer to Question Number 1245 put down for answer on 30 January 2008. I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in January 2006. As outlined in my previous reply in the course of processing the application, questions arose in relation to the authenticity of certain documents submitted. This issue is currently being investigated and the person in question was advised accordingly by the Family Reunification Section of my Department in October 2007. A decision will issue on completion of the investigations in relation to the authenticity of the documents.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 231: To ask the Minister for Justice, Equality and Law Reform the current or expected status of the residency application in the case of persons (details supplied) in Dublin 15; and if he will make a statement on the matter. [12751/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The temporary permissions to remain in the State for the persons concerned have been renewed until 4 September 2010. The persons were notified accordingly on 15 October 2007 but it would appear that they did not receive the relevant letters. These letters were re-issued to the persons concerned at their request on 31 March 2008.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 232: To ask the Minister for Justice, Equality and Law Reform the current or expected status of the residency application in the case of a person (details supplied) in County Monaghan; and if he will make a statement on the matter. [12752/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 31 March 2003 accompanied by her son and claimed asylum. Their application was refused following consideration of their 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 17 August, 2004 that the Minister proposed to make Deportation Orders in respect of them and afforded them 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 they should be allowed to remain temporarily in the State i.e why they should not be deported.

Their case was 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 21 January 2005 my predecessor 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 son to present themselves at the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on 24 February 2005 in order to make travel arrangements for their removal from the State. An application for Subsidiary Protection on behalf of the person concerned and her son was received in my Department on 20 November 2006. Same was deemed ineligible at the time and refused. This decision was made known to the legal representatives of the person concerned by letter dated 1 December 2006. On 15 December 2006, the person concerned initiated Judicial Review Proceedings concerning the refusal of her Subsidiary Protection application.

Subsequently on 5 November 2007, a letter was sent to the legal representatives of the person concerned inviting them to make representations on behalf of their clients regarding any new facts or circumstances relevant to the person concerned which had arisen since the Deportation Orders were signed which may provide a possible entitlement to apply for Subsidiary Protection. An application was then made on behalf of the person concerned seeking the exercise of the Minister's discretion under Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006, S.I. No.518 of 2006 to accept and consider an application for Subsidiary Protection. In the meantime, Judicial Review Proceedings initiated by the person concerned were struck out on 3 March 2008.

The application, seeking the exercise of the Minister's discretion, referred to above was refused and the person concerned was notified by letter dated 13 March 2008 that following consideration of her application, there were no grounds in existence under which the Minister could exercise his discretion under Regulation 4 (2) to accept and consider her Subsidiary Protection application. In addition, she was advised that the GNIB had been requested to proceed with the enforcement of her Deportation Order. She was further advised to present herself and her son 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. She 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 son must leave the State and remain thereafter out of the State. The enforcement of the Deportation Orders remains an operational matter for the Bureau.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 233: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [12753/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 234: To ask the Minister for Justice, Equality and Law Reform the current or expected status in respect of residency in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [12754/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person in question and her spouse were originally granted permission to remain in the State on 20 February 2001 based on their parentage of an Irish born child under the particular scheme which existed at that time. This permission has been renewed for both the person concerned and her spouse until March 2010. With regard to the person in question's dependent children, any non-national children aged sixteen years or over are required to register with the Garda National Immigration Bureau.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 235: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [12755/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 236: To ask the Minister for Justice, Equality and Law Reform the current or expected residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [12756/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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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 recommendation of the Refugee Applications Commissioner, which I am advised will issue shortly.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 237: To ask the Minister for Justice, Equality and Law Reform the residency status in the case of persons (details supplied) in Dublin 15; and if he will make a statement on the matter. [12757/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I am pleased to inform the Deputy that the persons concerned have been granted temporary permission to remain in the State until 31st March 2010.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 238: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [12758/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State as an unaccompanied minor on 27 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 30 December 2004, 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, 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, before the file is passed to me for decision.

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