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

Question 1016: 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 7; and if he will make a statement on the matter. [31554/08]

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

The person concerned applied for asylum on 18 December 2001. 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 8 January 2003, 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 submitted on behalf of the person concerned and will be fully considered before the file is passed to me for decision. The Deputy might wish to note that the person concerned also made an application for permission to remain in the State in accordance with the revised arrangements applicable to the non-EEA national parents of Irish born children, born in the State before 1 January 2005. The revised arrangements in question, commonly referred to as the IBC/05 scheme, were announced by the Minister for Justice, Equality and Law Reform on 15 January 2005 and the closing date for receipt of applications was 31 March 2005. The application of the person concerned was received on 13 February 2006 and, as such, was received much too late for consideration. The person concerned was made aware of the non-acceptance of his IBC/05 application by letter dated 16 February 2006.

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

Question 1017: To ask the Minister for Justice, Equality and Law Reform the position in relation to residency and leave to remain here on humanitarian grounds in the case of people (details supplied) in County Clare; and if he will make a statement on the matter. [31556/08]

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

The person concerned arrived in the State on 30 August 2005 and applied for asylum. 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 24 November 2006, 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 she 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.

Her 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 her behalf for permission to remain in the State. A Subsidiary Protection application lodged in respect of the person concerned was refused and this decision was communicated by letter dated 10 January 2008. On 6 May 2008, my immediate predecessor refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of the person concerned. Notice of this order was served by registered post requiring her to present herself at the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on Tuesday, 3 June 2008 in order to make travel arrangements for her deportation from the State. The person concerned presented as required and was given further presentation dates which she kept. She is due to present again shortly. The current position in respect of the person concerned is that an undertaking was given to the legal representatives acting on her behalf by letter dated 16 June 2008 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. 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.

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

Question 1018: To ask the Minister for Justice, Equality and Law Reform the position in relation to the application for residency in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [31557/08]

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

I refer the Deputy to Question No. 181 of Thursday, 1 May 2008, and the written Reply to that Question. The person concerned applied for asylum on 12 May 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 24 July 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.

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

Question 1019: 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 Louth; and if he will make a statement on the matter. [31558/08]

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

I refer the Deputy to Question No. 203 of Thursday, 28 February 2008 and the written Reply to that Question. The person concerned arrived in the State on 29 April 2003, and applied for asylum on 12 June 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), he was informed, by letter dated 8 September 2005, 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 submitting written 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 before the file is passed to me for decision.