Written answers

Tuesday, 8 July 2008

Department of Justice, Equality and Law Reform

Asylum Applications

11:00 pm

Photo of Mary O'RourkeMary O'Rourke (Longford-Westmeath, Fianna Fail)
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Question 824: To ask the Minister for Justice, Equality and Law Reform if he will review the case of persons (details supplied) in County Westmeath. [27397/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Reception and Integration Agency (RIA) is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision and dispersal. Asylum seekers in direct provision avail of free full board accommodation with no utility or other costs associated with that accommodation. I understand that this family are currently seeking a transfer to Carroll Village centre Dundalk — one of a limited number of self-catering units operated by the RIA.

By way of background, the Deputy may wish to note that the couple referred to in the details supplied made applications for asylum at the Office of the Refugee Applications Commissioner (ORAC) on 8 May 2005 and were initially accommodated at Kilmacud Reception Centre. After this initial reception period, the couple were dispersed to Globe House in Sligo on 16 September 2005 where their first child was born on 19 September 2005. In June 2006, following requests for alternative accommodation, the family was transferred to Athlone Accommodation Centre. The family's youngest child was born on 3 September, 2007.

The management and head chef at Athlone Accommodation Centre have had numerous meetings with this family and have worked closely with them to ensure that their dietary requirements are met. The RIA has received formal written transfer requests from this family on 14 December 2007 and 5 May 2008 requesting alternative accommodation. As supporting medical information was included in the request, it was referred to an independent medical referee for review and recommendation. Having considered the medical documentation provided, the medical referee stated that there was no medical evidence to warrant a change of accommodation. The family were informed of this by letter on 14 May 2008. This letter was re-issued on 28 May 2008 as the family stated that they had never received the original letter.

Photo of Mary O'RourkeMary O'Rourke (Longford-Westmeath, Fianna Fail)
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Question 825: To ask the Minister for Justice, Equality and Law Reform if he will review the case of persons (details supplied) in County Westmeath who have sought status under reunification. [27404/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 235 of Wednesday 7 November 2007, and the written Reply to that Question.

The family concerned, namely a husband, wife and son, arrived in the State on 19 August 2003 and applied for asylum. The then minor son was included as part of his mother's asylum application. The asylum applications were refused following the consideration of the cases by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

The wife and son of the family concerned returned voluntarily to the family's country of origin on 27 April 2005, through an arrangement supported by my Department and the International Organisation for Migration (IOM).

The son of the family concerned re-entered the State on 20 May 2005 and was reunited with his father who had remained in the State. As the son was still a minor, his father was deemed to be his guardian and, as such, the son's asylum claims, heretofore dealt with as part of his mother's application, was transferred to his father's application.

The cases of the father and son were considered under Section 3 of the Immigration Act, 1999 (as amended) following which, as an exceptional measure and subject to certain stated conditions, both persons were granted leave to remain in the State. The persons concerned were notified of this decision by separate letters dated 26 July 2005 in the case of the father and dated 28 July 2005 in the case of the son. In each case the period of leave to remain in the State was one year i.e. to 31 July 2006. Both persons had their period of leave to remain in the State renewed for a further twelve months i.e. to 28 August 2007, a position made known to the persons concerned by separate letters dated 29 August 2006. Following receipt of an application for renewal of this leave to remain in the State, the father was notified by letter dated 4 December 2007 that his period of leave to remain in the State had been extended by a further three years, to 4 December 2010. The son's renewal application is under consideration at present and I expect a decision to issue shortly.

According to my Department's records, the mother in the family concerned has no applications outstanding in my Department at the present time. Indeed her status in my Department's records is that of a person who has returned voluntarily to her country of origin. Given that there is no record of her having legally re-entered the State i.e. on the basis of a Visa or a Work Permit, the person concerned would have to be regarded as being illegally present in the State at this time should they have re-entered the State.

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