Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 210: To ask the Minister for Justice, Equality and Law Reform the residency status, current or expected in the case of persons (details supplied) in County Cork; and if he will make a statement on the matter. [19207/08]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The first named person concerned arrived in the State on 1 October 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 9 September 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 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.

The second named person and her child arrived in the State on 5 October 2004 and applied for asylum. The 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 (second named) person concerned was informed, by letter dated 30 November 2007, 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, 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 (second named) 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 (second named) 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 (second named) 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 (second named) person concerned is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 211: 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 22; and if he will make a statement on the matter. [19208/08]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The applicant applied for asylum on 30 March, 2000. Her application was refused and a Deportation Order was made in respect of her on 28 October, 2003. The applicant instituted Judicial Review proceedings on 1 March, 2004 challenging the Deportation Order made in respect of her and accordingly, as the matter is sub judice, I do not propose to comment further.