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 900: To ask the Minister for Justice, Equality and Law Reform the status of an application for asylum in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [30294/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 10 January 2005. Her application was refused following consideration of her 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 26 October 2005, 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 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 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 901: To ask the Minister for Justice, Equality and Law Reform the current or anticipated residency status of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [30295/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 525 of Thursday 17 April 2008 and the written Reply to that Question. The person concerned applied for asylum on 17 April 2003. 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 21 October 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 received 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 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 902: To ask the Minister for Justice, Equality and Law Reform the current or anticipated asylum or residency status in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [30296/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The first named person concerned applied for asylum on 3 March 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 first named person concerned was informed, by letter dated 19 June 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). No response has been received in my Department to this letter.

I can confirm that the second and third named persons have applied for asylum in the State. However, it is not the practice to comment in detail on individual asylum applications where no final decision has been made. 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 903: To ask the Minister for Justice, Equality and Law Reform the current or expected status of an application for asylum in the case of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [30297/08]

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 904: 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 8; and if he will make a statement on the matter. [30298/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 28 April 2004. 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 28 March 2006, 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 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 905: 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 Limerick; and if he will make a statement on the matter. [30300/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 225 of Thursday 15 May 2008 and the written Reply to that question. The current situation is that the case of the person concerned was examined 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. Consideration was given to representations submitted on his behalf for permission to remain in the State. On 18 September 2008, I refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of him. Notice of this order was served by registered post requiring the person concerned to present himself at the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on a specified date in order to make travel arrangements for his deportation from the State. The effect of the Deportation Order is that person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the GNIB.

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