Written answers

Thursday, 26 June 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 167: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for family reunification in the case of a person (details supplied) in County Dublin; if the contact referred to will be made; and if he will make a statement on the matter. [25236/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I have been informed by the Immigration Division of my Department that the person referred to by the Deputy made an application for family reunification and that a decision was made in relation to that application recently. The person in question was informed of that decision in writing on 9 June 2008.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 168: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of persons (details supplied) in Dublin 15 who have lived here for 11 years; and if he will make a statement on the matter. [25237/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned was granted permission to remain in the State on 7 June, 2005 under the revised arrangements for parents of Irish children born prior to 1 January, 2005, known as the IBC/05 Scheme. An application for renewal of this permission was received by my Department on 11 November, 2007. On 11 June, 2008 the application was refused as the person in question did not satisfy the renewal criteria. On the 12 June, 2008 the person concerned was invited to make 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 169: To ask the Minister for Justice, Equality and Law Reform the reason his Department has refused to give an indication or response to a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [25239/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my previous answer to Parliamentary Question number 178 put down for answer on 1st May 2008. 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 170: To ask the Minister for Justice, Equality and Law Reform the position in the matter of an extension of residency in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [25240/08]

Photo of Dermot AhernDermot Ahern (Louth, 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 each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 171: To ask the Minister for Justice, Equality and Law Reform the developments to date in the case of an application for residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [25241/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Questions No. 424 of Tuesday 29 April 2008 and No. 238 of Thursday 3 April 2008 and the written Replies to those Questions. The person concerned arrived in the State on 27 September 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 30 December 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 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 172: To ask the Minister for Justice, Equality and Law Reform the position in regard to an application for residency in the case of a person (details supplied) in County Monaghan; and if he will make a statement on the matter. [25242/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Questions No. 531 of Thursday 17 April 2008, No. 202 of Thursday, 10 April 2008 and No. 225 of Thursday, 3 April 2008 and the written Replies to those Questions. The person concerned arrived in the State on 12 September 2006 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), he was informed, by letter dated 14 February 2008, (and by amended letter dated 4 April, 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). 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 173: To ask the Minister for Justice, Equality and Law Reform the position in regard to an application for residency or naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [25243/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No.188 of Thursday, 9 March 2006 and the written Reply to that Question. The person concerned arrived in the State on 9 August 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, 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 August 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.

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 an application for residency or naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [25244/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my previous answer to Parliamentary Question No. 231 on the 28th June 2007 and Parliamentary Question No. 250 on 31st January 2008. The person in question was the subject of a Family Reunification application which was approved in March 2002. Correspondence issued to the person concerned and his legal representative in August 2007 advising him that his permission to remain in the State was being renewed. The person in question was also advised to report to the Garda National Immigration Bureau, 13/14 Burgh Quay, Dublin 2 to have the appropriate permission endorsed on his passport and to have a Certificate of Registration issued in respect of him.

Inquiries made by the Immigration Division of my Department in January indicated that the person concerned had contacted the Garda National Immigration Bureau and had renewed his permission to remain until the 26th July 2008.

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