Written answers

Thursday, 24 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 243: To ask the Minister for Justice, Equality and Law Reform his views on extending temporary or long-term residency on humanitarian grounds in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [15877/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 979 of Wednesday, 26 September 2007 and the written Reply to that Question. The person concerned arrived in the State on 8 December 2003 and applied for asylum. Her two children arrived in the State on 16 April 2005 and 16 May 2005 respectively and were reunited with their mother and included in her application for asylum. The asylum application was refused following consideration of the 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 10 November 2006, that the Minister proposed to make deportation orders in respect of her and her children. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of deportation orders or of making representations to the Minister setting out the reasons why she and her children should be allowed to remain temporarily in the State. Representations were submitted on behalf of the person concerned. In addition, the person concerned 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, following consideration of this application, it was determined that the person concerned was not eligible for Subsidiary Protection in the State. The person concerned was notified of this decision by letter dated 22 April 2008.

The case file of the person concerned, including all representations submitted, will now 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 244: To ask the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [15878/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 13 January 2004 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 2 August 2005 (re-issued on 3 August 2006), 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 submitted on behalf of the person concerned and will be fully considered, under Section 3 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 245: To ask the Minister for Justice, Equality and Law Reform if he will use his discretion to allow extended residency in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [15879/08]

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. 526 of Thursday 17 April 2008. The status of the person concerned remains as set out in that Reply.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 246: 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 Kildare; and if he will make a statement on the matter. [15880/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The first person concerned submitted an application to my Department on 4th November, 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. The closing date for the submission of applications was 31st March, 2005 and the application was received too late for consideration. The refusal of this application is the subject of judicial review proceedings.

Judgements in relation to the IBC/05 scheme were delivered by the Supreme Court on 20th December, 2007 and the implications of these judgements for ongoing judicial review proceedings are currently being assessed by my Department. The second person concerned submitted an application for renewal of her permission to remain in the State which was granted under the IBC/05 scheme. I am pleased to inform the Deputy that this permission has been renewed until 13th June, 2010.

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