Written answers

Thursday, 25 September 2008

Department of Justice, Equality and Law Reform

Asylum Applications

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 183: To ask the Minister for Justice, Equality and Law Reform the position in the matter of residency and refugee status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31783/08]

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 would 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 application to be processed in the normalmanner.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 184: To ask the Minister for Justice, Equality and Law Reform the current or expected position in the matter of residency status in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [31784/08]

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. 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.

While it is not the practice to comment in detail on individual asylum applications, I would 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 application to be processed in the normal manner.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 185: To ask the Minister for Justice, Equality and Law Reform the reason for the delay in the determination of the residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [31786/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State with his mother and brother. He was included as a child dependant in his mother's asylum application which was lodged on 9 October 1996. While this asylum application was refused following consideration of the case by my Department's then Asylum Division, the mother of the person concerned was granted temporary permission to remain in the State in June 1997, a position renewed on an annual basis up to recently with the most recent renewal for a three year period, to 20 August 2011.

Following receipt of the Deputy's Parliamentary Question in relation to the person concerned, I have asked Department Officials to review his case and, following the completion of this review, my Department Officials will, at an early date, write to the person concerned to advise him of his position in the State.

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