Written answers

Thursday, 10 July 2008

Department of Justice, Equality and Law Reform

Asylum Applications

4:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 831: 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 6; and if he will make a statement on the matter. [29227/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned made application for permission to remain in the State under the revised arrangements for the non-EEA parents of children born in Ireland prior to 1st January, 2005, commonly referred to as the IBC/05 scheme. The application was too late for consideration and it was also noted that the child in question was born on 4th February 2005, which is after the cut-off date. The application was therefore refused.

A Deportation Order was made in respect of the person concerned on 15th September 2005, which is still in force. My Department is currently considering the person's case in the context of Supreme Court judgments on matters related to the IBC/05 scheme and the person concerned will be informed of any decisions made in due course.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 832: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status or naturalisation in the case of persons (details supplied) in County Dublin; and if he will make a statement on the matter. [29228/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The first named person concerned arrived in the State on 22 January 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, 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 9 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.

The second named person concerned arrived in the State on 20 May 2005 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 26 April 2006, 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 from the person concerned at that time.

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 is passed to me for decision.

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