Written answers

Thursday, 10 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 194: To ask the Minister for Justice, Equality and Law Reform the progress to date in the determination of residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [13808/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 168 of Thursday 27 September 2007 and the written Reply to that Question.

The person concerned arrived in the State on 16 May 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 23 April 2003, 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 195: To ask the Minister for Justice, Equality and Law Reform the progress in the matter of residency in the case of persons (details supplied) in County Dublin; and if he will make a statement on the matter. [13809/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 180 of Thursday, 22 November 2007 and the written Reply to that Question.

The first named person concerned arrived in the State on 16 April 2003 and applied for asylum. His asylum 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 August 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.

The second named person concerned was given permission to remain in the State, for an initial two year period, under the IBC/05 Scheme. She submitted an application for renewal of this permission on 24 October 2007. The Deputy will be pleased to learn that this permission to remain in the State has been renewed for a further three year period, to 2 November 2010. This position was conveyed to the second named person concerned by letter dated 14 November 2007.

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