Written answers

Wednesday, 24 September 2008

Department of Justice, Equality and Law Reform

Asylum Applications

9:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 796: 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. [29785/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 22 January 2007. 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 14 September 2007, 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, following consideration of this application, it was determined that the person concerned was not eligible for Subsidiary Protection in the State. The person concerned was notified of this decision by letter dated 26 June 2008.

Representations in support of an application for leave to remain in the State have been submitted on behalf of the person concerned and these will be fully considered before the file is passed to me for decision.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 797: 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 Cork; and if he will make a statement on the matter. [29786/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The first named person applied for asylum on 11 April 2006. 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 November 2007, 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, following consideration of this application, it was determined that the person concerned was not eligible for Subsidiary Protection in the State. The person concerned was notified of this decision by letter dated 3 June 2008.

Representations in support of an application for leave to remain in the State have been submitted on behalf of the first named person and these will be fully considered before the file is passed to me for decision.

The second named person concerned has been granted permission to remain in the State under the IBC/05 Scheme. This permission was for an initial two year period and was later extended for a further three years, to 6 July 2010. She is the mother of the third named person concerned who is an Irish citizen.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 798: 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 Dublin; and if he will make a statement on the matter. [29787/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned was granted permission to remain in the State under the IBC/05 Scheme. This permission was subsequently revoked due to matters coming to the attention of my Department which concluded that the person concerned did not meet the criteria of that scheme.

On 7 August 2008 the person concerned was invited, by registered post, to make representations under Section 3 of the Immigration Act, 1999 as to why he should not be deported from the State. This letter was sent to the address provided in the details supplied with this Question but has been returned undelivered to the Department. If the Deputy is in a position to provide my Department with a current address for the person concerned, I will arrange for the re-issue of this letter.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 799: To ask the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [29788/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person in question was refused 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, known as the IBC/05 Scheme, as he did not meet the criteria of the scheme.

The person concerned has been invited to make further representations under Section 3 of the Immigration Act, 1999, as to why he should be permitted to remain in the State and my Department has requested a report from an Garda Síochána in this regard. When the Garda Report has been received the person's application will be examined and he will be informed of the outcome in due course.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 800: To ask the Minister for Justice, Equality and Law Reform the position on an application for family reunification in respect of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [29789/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in February 2003 and a decision was issued to the applicant in May 2005 informing them that this application had been refused.

Further correspondence was received from the person in question in August 2007 and the application is currently being examined by the Family Reunification section of my Department.

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