Written answers

Thursday, 1 May 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 173: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in Dublin 24 with particular reference to naturalisation; and if he will make a statement on the matter. [17102/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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An application for a certificate of naturalisation from the person referred to in the Deputy's question was received in the Citizenship Section of my Department on 16 September 2002.

On examination of the application, my predecessor decided to refuse the application. The reason for his refusal was disclosed to the applicant in a letter dated 15 November 2004.

It is open to the person in question to lodge a new application if and when he is in a position to satisfy the statutory requirements applicable at that time.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 174: To ask the Minister for Justice, Equality and Law Reform the position in regard to the residency in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [17103/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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An application for a certificate of naturalisation from the person referred to in the Deputy's question was received in the Citizenship Section of my Department in September 2002 and my predecessor decided to refuse the application. The reason for his decision was disclosed to the applicant in a letter dated 11 March 2004.

It is open to the person in question to lodge a new application if and when she is in a position to satisfy the statutory requirements applicable at that time.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 175: 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 Dublin 6; and if he will make a statement on the matter. [17104/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned was granted permission to remain in the State, on 20th February 2002, on the basis of his being the parent of an Irish citizen child. This permission is currently valid until 6th April 2009.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 176: To ask the Minister for Justice, Equality and Law Reform the current of expected residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [17105/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 21 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. The person concerned then lodged Judicial Review Proceedings in the High Court challenging the determination of the Refugee Appeals Tribunal that he should not be declared to be a refugee. These Proceedings were unsuccessful.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 31 March 2008, 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). To date the person concerned has not submitted an application for Subsidiary Protection in the State. Neither has he submitted representations in support of an application for temporary leave to remain in the State.

Before a final decision is taken in his case, the case file of the person concerned will 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 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 177: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [17106/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 6 December 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 29 November 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 were received from the person concerned.

The person concerned has also submitted an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006) 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 178: To ask the Minister for Justice, Equality and Law Reform the status of residency and the progress to date in the case of a person (details supplied) in Dunlin 24; when it is intended to reissue their stamp four card; and if he will make a statement on the matter. [17107/08]

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 granted permission to remain under the Family Reunification Scheme and did not renew her permission to remain status prior to its expiration.

The onus is on the person in question to ensure that her registration details are kept up to date at all times and maintained satisfactorily and in accordance with the instructions provided by my Department at the time of her initial registration.

However, in order to assist the person in question, the Immigration Division of my Department has informed me that they will contact that person shortly and provide her with details of how she may renew her permission to remain.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 179: 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 Dublin 8; and if he will make a statement on the matter. [17108/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 11 August 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 26 September 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 submitted 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 180: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in Dublin 15 whose family law dispute appears to militate against settlement of their residency status; and if he will make a statement on the matter. [17109/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person referred to was granted permission to remain in the State on 26 April 2005 for an initial period of 12 months on the basis of his marriage to an Irish national. This permission was renewed until 24 April, 2008. The person in question should contact the Marriage to Irish National Section of the Irish National Immigration Service if there are any changes in the circumstances regarding his marital status.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 181: To ask the Minister for Justice, Equality and Law Reform the position in regard to the application for residency in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [17110/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 12 May 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 24 July 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(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 182: To ask the Minister for Justice, Equality and Law Reform the current or expected position in the matter of residency in the case of a person (details supplied) in County Clare; and if he will make a statement on the matter. [17111/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 18 July 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 19 September 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.

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