Written answers

Wednesday, 24 September 2008

Department of Justice, Equality and Law Reform

Residency Permits

9:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1001: 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. [31537/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned and her infant daughter arrived in the State on 23 February 2006 and applied for asylum. Their application was refused following consideration of their 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 people concerned were informed, by letter dated 24 November 2006, that the Minister proposed to make Deportation Orders in respect of them. They were given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why they should be allowed to remain temporarily in the State. I should also mention that a person who has been refused refugee status and has been served with a notice of intention to deport is, since 10 October 2006, afforded a fourth option, viz. to apply for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006 — Statutory Instrument No. 518 of 2006.

Their case 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 their behalf for permission to remain in the State. A Subsidiary Protection application lodged in respect of the mother was refused and this decision was communicated by letter dated 16 January 2008. On 26 February 2008, my predecessor refused permission to remain temporarily in the State and instead signed Deportation Orders in respect of the people concerned. Notice of this order was served by registered post requiring them to present themselves at the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on Thursday 27 March 2008 in order to make travel arrangements for their deportation from the State. The people concerned failed to present themselves as required and were classified as evading their deportation.

A request was made by a close relative of the people concerned directly to my immediate predecessor to review the case files with a view to revoking the Deportation Orders in respect of the people concerned. On 9 May 2008, my predecessor decided against this course of action and instead directed that the Deportation Orders should remain in full force and effect. The people concerned were advised of this decision by letter dated 14 May 2008 and, in addition, were advised to present themselves at the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on Tuesday, 27 May 2008 in order to make travel arrangements for their deportation from the State. They presented as required and were given further presentation dates which they kept. They are due to present again in October 2008. The effect of the Deportation Orders is that the people concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Orders is an operational matter for the Bureau.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1002: 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 22; and if he will make a statement on the matter. [31538/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 24 October 2006. 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 9 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 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 before the file is passed to me for decision.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1003: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for family reunification in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [31539/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Immigration Division of my Department that at present there is no Family Reunification application pending in respect of the person named in the details by the Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1004: To ask the Minister for Justice, Equality and Law Reform the position in relation to a residency application in the case of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [31540/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 22 December 2004. 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 21 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 before the file is passed to me for decision.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1005: To ask the Minister for Justice, Equality and Law Reform the position in relation to a residency application in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31541/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to the reply to Question No. 240 of Thursday 24 April 2008. The position requested remains as set out in that reply.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1007: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31545/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to the written replies to Question No. 239 of Thursday, 24 April 2008 and Question No. 181 of Thursday, 10 April 2008. The person concerned has been granted leave to remain in the State for the period to 14 April 2009. This decision was conveyed in writing to the person concerned by letter dated 14 April 2008.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1008: 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 15; and if he will make a statement on the matter. [31546/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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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. While it is not the practice to comment in detail on individual asylum applications, I point out to the Deputy that delays in finalising cases can occur for a variety of reasons, including giving applicants and appellants the fullest opportunity possible to present their cases and the determination of Judicial Review proceedings, where appellants pursue such a course of action. Where the latter is relevant, the time taken to discharge any proceedings is a matter for the Courts and is not something that I, as Minister, can comment on. It is, of course, open to the applicant or the appellant to withdraw any Judicial Review proceedings which they may have instigated and this would allow for their appeal to be processed in the normal manner.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1009: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [31547/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 11 April 2005. 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 13 February 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 before the file is passed to me for decision.

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