Written answers

Thursday, 17 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 516: To ask the Minister for Justice, Equality and Law Reform the current or expected position in the case of an application for family reunification in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [14965/08]

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 was issued with a decision on his Family Reunification application in January 2003. The person in question has requested a review of his decision and the case is currently being re-examined and the person in question will be contacted in due course.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 517: To ask the Minister for Justice, Equality and Law Reform if he will arrange the issue of a green card to enable a person (details supplied) in Dublin 7 obtain employment; and if he will make a statement on the matter. [14966/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to replies given to Parliamentary Questions No. 237 of Thursday, 06 March 2008, No. 241 of Thursday, 31 January 2008, No. 193 of Thursday 8 November 2007, No. 956 of Wednesday 26 September 2007, No. 139 of Thursday 28 September 2006, No. 70 of Thursday 15 June 2006 and No. 248 of Thursday 16 February 2006.

The person concerned arrived in the State on 26 February 2003 and applied for asylum. The 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), he was informed, by letter dated 15 February 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 submitting written representations to the Minister setting out the reasons why he should be allowed to remain in the State. Representations were received on behalf of the person concerned.

Following consideration of the case of the person concerned under Section 3 of the Immigration Act 1999 (as amended) and under Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, as an exceptional measure and subject to certain conditions, the person concerned was granted temporary permission to remain in the State for three years until 04 March 2011. The person concerned was duly notified of this decision by letter dated 05 March 2008. With regard to the Deputy's question concerning the issue of a registration card, this is a matter for the person concerned and the Garda National Immigration Bureau.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 518: To ask the Minister for Justice, Equality and Law Reform if he or his Department will re-issue the correspondence requesting further documentation referred to in his reply to Parliamentary Question No. 966 of 26 September 2007 (details supplied); and if he will make a statement on the matter. [14967/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to my previous reply to Parliamentary Question No. 966 put down for answer on 26th September 2007.

I am informed by the Immigration Division of my Department that the person in question was granted permission to remain in the State in September 2000 following a Family Reunification application. I understand that the person's permission to remain expired on 12 January 2004. The Immigration Division wrote to the person concerned requesting documentation on 25 September 2007 and this letter has been reissued to the new address for the person in question supplied by the Deputy.

This matter will be further examined on receipt of the requested documentation.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 519: 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 Dublin; and if he will make a statement on the matter. [14968/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 1206 of Wednesday, 30 January 2008.

The first named person arrived in the State on 16 January, 2003 and applied for asylum. The 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), he was informed, by letter dated 31 August 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 before the file is passed to me for decision.

An application for a certificate of naturalisation from the spouse of the person referred to in the Deputy's question was received in the Citizenship section of my Department in August 2007. On examination of the application it was determined that the person concerned did not satisfy the residency requirements as set out in the Irish Nationality and Citizenship Act 1956, as amended. A letter informing her of this was issued on 28 January 2008. It is open to the person in question to lodge a new application when she is in a position to meet the statutory requirements applicable at that time. With regards to the two children of the persons concerned one of them is an Irish citizen. My Department has no record of a second child.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 520: To ask the Minister for Justice, Equality and Law Reform the current or intended residency status in the case of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [14969/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 18 November 2005 and claimed asylum. The person concerned gave birth to her son on 27 December 2005 and her son was added to her asylum claim. 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 20 November, 2006, 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.

An application for Subsidiary Protection on behalf of the person concerned was received in my Department on 19 February 2007. On 25 September 2007 the person concerned was notified that the Minister had determined that she was not a person eligible for Subsidiary Protection under the European Communities (Eligibility for Protection) Regulations, 2006 S.I. No. 518 of 2006 ('the Regulations') and he would now proceed to consider whether a deportation order should be made in respect of her and her son.

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 26 February 2008 I refused permission to remain in the State and instead signed Deportation Orders in respect of them. Notice of these Orders were 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 27 March 2008 in order to make travel arrangements for their removal from the State. The person concerned presented as requested and was given a new presentation date of 1 April 2008. The person concerned failed to present as requested on this date and is classified as evading her deportation.

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 521: To ask the Minister for Justice, Equality and Law Reform if extended residency will be considered in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [14970/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned applied on 1st April 2005 for permission to remain in the State under the revised arrangements for non-EEA parents of children born in Ireland prior to 1st January 2005, commonly referred to as the IBC/05 Scheme. This application was refused on 18th October, 2006 as the applicant did not meet the criteria of the scheme. On 9th April, 2008 the person concerned was invited to submit updated representations to my Department under Section 3 of the Immigration Act, 1999 and any representations received will be considered in due course.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 522: To ask the Minister for Justice, Equality and Law Reform if extended residency can or will be granted in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [14971/08]

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 523: To ask the Minister for Justice, Equality and Law Reform if his Department's attention has been drawn to the fact that the family reunification order of his Department is seeking confirmation that a person (details supplied) in County Dublin entered the State as a programme refugee in view of the fact that they have stamp four status up to 18 February 2009; and if he will make a statement on the matter. [14972/08]

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 a Family Reunification application in March 2006.

This application is under consideration by my Department and the applicant was contacted by the Family Reunification section of my Department on 3rd April 2008 and to date a response has not been received by that section.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 524: To ask the Minister for Justice, Equality and Law Reform if temporary residency can be granted in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [14973/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 29 October 2006 and applied for 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.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), she was informed, by letter dated 31 August 2007, that the Minister proposed to make a deportation order in respect of her. She 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 she should be allowed to remain temporarily in the State. In addition, she was notified of her 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 525: 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 24; and if he will make a statement on the matter. [14974/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 981 of Wednesday 26 September 2007 and the written Reply to that Question. The person concerned arrived in the State on 17 April 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 21 October 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 526: To ask the Minister for Justice, Equality and Law Reform if a person (details supplied) in Dublin 8 will be offered extended residency in view of the fact that they have resided here for six years, has entered into commitments and may be subjected to threats and intimidation if returned to their homeland; and if he will make a statement on the matter. [14975/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 4 April 2002 and claimed asylum. His application was refused by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

The person concerned was informed by letter dated 31 December, 2003 that the Minister proposed to make a Deportation Order in respect of him and afforded him 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 a Deportation Order or to submit, within 15 days, written representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State i.e why she should not be deported.

On 28 June 2004 my predecessor refused the person in question permission to remain in State and instead signed a Deportation Order in respect of him. Notice of the order was served by registered post and he presented himself to the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on Thursday 27 January 2005 as requested. He has continued to meet the presentation requirements of the GNIB and is due to present at GNIB, 13-14 Burgh Quay on 13 May 2008.

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

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 527: To ask the Minister for Justice, Equality and Law Reform the current, expected or intended residency status in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [14976/08]

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 was granted permission to remain in the State until 13th July, 2009 under the revised arrangements for parents of children born in Ireland prior to 1st January, 2005, commonly referred to as the IBC/05 scheme.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 528: 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 8 who has provided proof of parentage of an Irish born child; and if he will make a statement on the matter. [14977/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to my reply to Parliamentary Question No. 214 of 6th March, 2008. The position remains unchanged.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 529: To ask the Minister for Justice, Equality and Law Reform when a Garda National Immigration Bureau card will be renewed in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [14978/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I have sought a report on the matter from the relevant officials in the Irish Naturalisation and Immigration Service (INIS). When I have received this report, I will then write to the Deputy directly.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 530: 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. [14979/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State, together with her child, on 16 January 2004 and applied for 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.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 12 September 2005, that the Minister proposed to make deportation orders in respect of her and her child. She 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 she and her child should be allowed to remain temporarily in the State. In addition, by letter dated 20 February 2008, the person concerned was notified of her entitlement to apply, within a defined time period, 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 did not submit an application for Subsidiary Protection in the State by the due date.

Representations have been submitted on behalf of the person concerned and these representations 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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