Written answers

Thursday, 3 July 2008

Department of Justice, Equality and Law Reform

Citizenship Applications

5:00 am

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 213: To ask the Minister for Justice, Equality and Law Reform the position in regard to the application for naturalisation in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [26521/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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An application for a certificate of naturalisation from the person concerned was received in the Citizenship section of my Department in July 2005 and I decided to refuse the application. The reason for my decision was disclosed to the applicant in a letter dated 1 July 2008.

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 214: 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 15; and if he will make a statement on the matter. [26522/08]

Photo of Dermot AhernDermot Ahern (Louth, 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 April 2007.

Officials in that Section are currently processing applications received in January 2006 and have approximately 9,500 applications on hand to be dealt with before that of the person in question. These are generally dealt with in chronological order as this is deemed to be the fairest to all applicants.

However, I understand that the person concerned is a refugee. In accordance with the Government's obligations under the United Nations Convention relating to the Status of Refugees, every effort is made to ensure that applications from persons with refugee status are dealt with as quickly as possible, having regard to the general volume of applications on hand.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 215: 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 County Cork; and if he will make a statement on the matter. [26523/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 7 March 2002 and applied for asylum. Her application was refused following consideration of her 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 15 May 2003, 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. Representations were submitted on behalf of the person concerned at that time.

On 21 March 2005 the person concerned submitted an application under the revised arrangements for non-national parents of Irish born children born in the State before 1 January 2005, commonly referred to as the IBC/05 scheme. This application was refused as the child referred to in the application of the person concerned was born in February 2005. The decision to refuse this application was conveyed in writing to the person concerned by letter dated 7 September 2005.

On 19 April 2007 an application for Subsidiary Protection in the State was submitted on behalf of the person concerned. This application is under consideration at present and when a decision has been made, this will be conveyed in writing to the person concerned.

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 is passed to me for decision.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 216: 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 Louth; and if he will make a statement on the matter. [26524/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The first named person concerned arrived in the State on 6 August 2002, accompanied by her three children, and applied for asylum. Her application was refused following consideration of her 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 first named person concerned was informed, by letter dated 19 June 2003, that the Minister proposed to make deportation orders in respect of her and her three 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 three children should be allowed to remain temporarily in the State. Representations were submitted on behalf of the first named person concerned and her children at that time.

The first named person concerned subsequently initiated Judicial Review Proceedings, on behalf of her three children, and, in late 2007, these Proceedings were settled. The Terms of Settlement included a provision that would enable the three children of the first named person concerned to lodge individual asylum applications in their own right and they duly did, on 8 January 2008. The three children have had their cases investigated by the Office of the Refugee Applications Commissioner who has concluded, in each individual case, that the three children did not meet the criteria for recognition as a refugee. The three children have initiated Judicial Review Proceedings against these determinations and these Proceedings are ongoing. In the circumstances, it would not be appropriate for me to comment further on the cases of the three children referred to in the Deputy's Question.

The case of the first named person concerned falls to be dealt with under the provisions of Section 3 of the Immigration Act, 1999 (as amended). All representations submitted by and on behalf of the first named person concerned 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 217: To ask the Minister for Justice, Equality and Law Reform if an application for residency status will be reviewed in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [26526/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 14 June 2007 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner. The determination of the Refugee Applications Commissioner was conveyed in writing to the person concerned by letter dated 23 January 2008. This communication advised the person concerned of his entitlement, within a stated timeframe, to appeal this determination to the Refugee Appeals Tribunal but the person concerned chose not to do so.

On 12 March 2008, the person concerned formally withdrew from the asylum process and indicated a wish to return voluntarily to his country of origin, following which contact was established with the Office of the International Organisation for Migration (IOM) with a view to the necessary voluntary return arrangements being made. However, despite my Department and the IOM approving the voluntary return request of the person concerned, the IOM advised my Department, by a communication dated 23 June 2008, that it had lost contact with the person concerned and, as such, it could not proceed with his voluntary return arrangement. The person concerned should note that this option remains open to him should he decide to pursue same.

Based on the recommendation of the Refugee Applications Commissioner and the voluntary withdrawal of the person concerned from the asylum process, and in accordance with the appropriate provisions of the Refugee Act, 1996 (as amended) and the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 28 March 2008, that the Minister was refusing him a declaration of refugee status and also proposed to make a deportation order in respect of him. In line with legal and procedural requirements, the person concerned 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). On 7 April 2007, an application for Subsidiary Protection in the State was received from the person concerned as was an application for leave to remain temporarily in the State.

The Subsidiary Protection application will be considered first. 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 is passed to me for decision.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 218: To ask the Minister for Justice, Equality and Law Reform if he will reconsider the refusal of residency status in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [26527/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 7 March 2007 and applied for asylum. Her application was refused following consideration of her 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 19 June 2008, 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). While, to date, no response has been received in my Department to this letter, it might be noted that the 15 working day period referred to has not yet elapsed.

The case file of the person concerned will be considered further upon receipt of a response to my Department's letter of 19 June 2008.

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