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 1011: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for family reunification in the case of people (details supplied) in Dublin 15; and if he will make a statement on the matter. [31549/08]

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 people in question.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1012: 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 Waterford; and if he will make a statement on the matter. [31550/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Question No. 543 of Tuesday, 20 May 2008 and the written reply to that Question. The person concerned applied for asylum on 16 April 2003. 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 24 November 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, before the file is passed to me for decision.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1013: 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 1; and if he will make a statement on the matter. [31551/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Question No. 183 of Thursday, 28 February 2008, and the written Reply to that Question. The person concerned applied for asylum on 21 September 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), he was informed, by letter dated 16 June 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 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 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1014: To ask the Minister for Justice, Equality and Law Reform if extension of residency will be granted to people (details supplied) in County Cork; and if he will make a statement on the matter. [31552/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my many previous and comprehensive Replies in this matter. As previously stated, the people concerned arrived in the State on 7 March 2005 and 1 July 2005 and applied for asylum. Their applications were refused following the consideration of their cases by the Office of the Refugee Applications Commissioner (ORAC) and, on appeal, by the Refugee Appeals Tribunal. The people concerned, following refusal recommendations by the ORAC and the appeals tribunal on their asylum applications, were informed, by letters dated 27 September 2005 and 16 January 2006, that the Minister proposed to make deportation orders in respect of them and afforded them three options under Section 3(3)(b)(ii) of the Immigration Act, 1999 (as amended), namely to leave the State voluntarily, to consent to the making of deportation orders or to submit, within 15 working days, written representations setting out the reasons they should be allowed to remain temporarily in the State i.e. why they should not be deported.

Their cases were examined having regard for the 11 factors specified in Section 3(6) of the Immigration Act, 1999 (as amended), including consideration of representations for temporary leave to remain in the State lodged on their behalf by their legal representatives. Their cases were also considered having regard for the provisions of section 5 of the Refugee Act, 1996 (as amended) on the Prohibition of Refoulement. Refoulement, in essence, relates to the safety of returning a person to their country of origin. After their cases had been comprehensively assessed under all the relevant headings, on 27 February 2006, one of my predecessors signed Deportation Orders in respect of the people concerned. Notice of the Deportation Orders was served by registered post requiring the people concerned to present themselves to the Garda National Immigration Bureau (GNIB) on Thursday 9 March 2006 to make arrangements for their deportation from the State. They failed to present themselves on that occasion, as required, and were thus classified as evading their deportation. They should, therefore, present themselves to the GNIB without further delay. The effect of the Deportation Orders is that the people concerned must leave the State and remain thereafter outside the State. The current position in respect of the husband and wife, the subject of this Question, is that an undertaking was given to the legal representatives acting on behalf of the wife by letter dated 26 April 2007 to the effect that her Deportation Order will not be enforced until such time as the asylum application of her infant son has been considered. At present, Judicial Review proceedings have been instituted challenging the negative recommendation of the Office of the Refugee Applications Commissioner.

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