Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 963: 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 Meath; and if he will make a statement on the matter. [30771/08]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I refer the Deputy to Parliamentary Question No. 857 of Thursday, 10 July 2008, and the written Reply to that Question.

The person concerned applied for asylum on 3 February 2003. As part of the investigation of her asylum claim, the person concerned was invited to attend for interview at the Offices of the Refugee Applications Commissioner but failed to do so. As a result the Refugee Applications Commissioner made a recommendation to the Minister for Justice, Equality and Law Reform that the person concerned be refused a declaration of refugee status.

Based on the recommendation of the Refugee Applications Commissioner, and in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 12 September 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.

On 8 October 2003, in accordance with the provisions of the Dublin Convention, a formal transfer request was received from the United Kingdom (UK) for the transfer of the person concerned from the UK to this State. The person concerned had come to the attention of the UK authorities when she lodged an application for asylum in that State on 28 July 2003. Ireland agreed to the transfer request and also agreed, in accordance with Article 4(3) of Council Regulation (EC) 343 of 2003, to accept the son of the person concerned who was born in the United Kingdom during her time there. The person concerned and her son transferred from the UK to Ireland on 22 February 2005.

On 21 April 2005 a take back request was received from the United Kingdom in accordance with Article 16(1)(c) of the Dublin II Regulation on the basis that the person concerned was in the United Kingdom without permission and her asylum application was being examined in this State. This request was acceded to and the person concerned and her son were again transferred from the UK to Ireland on 16 May 2005.

The case of the person concerned, and that of her son, now fall to be dealt with in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended). Representations have been submitted on behalf of the person concerned and these representations 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.