Written answers

Thursday, 2 October 2008

Department of Justice, Equality and Law Reform

Residency Permits

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 191: To ask the Minister for Justice, Equality and Law Reform the current or expected status of the application for residency of a person (details supplied) in County Cork; and if he will make a statement on the matter. [33231/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 18 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 18 October 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 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 192: To ask the Minister for Justice, Equality and Law Reform the current or expected status of the application for residency of a person (details supplied) in County Cork; and if he will make a statement on the matter. [33232/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 7 March 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 8 August 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 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 193: To ask the Minister for Justice, Equality and Law Reform the current or expected status of the application for family reunification in the case of a person (details supplied) in County Roscommon; and if he will make a statement on the matter. [33233/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Immigration Division of my Department that the person in question is the subject of an application for Family Reunification made by his wife in April 2008. This application has been forwarded to the Refugee Applications Commissioner for investigation as required under section 18 of the Refugee Act 1996. When this investigation has been completed, the Commissioner will prepare and forward a report to my Department. Upon receipt of the report, the application will be considered and a decision will issue in due course.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 194: 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. [33234/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 18 January 2006. Her application was refused following consideration of her 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 was informed by letter dated 21 August 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.

Representations were submitted on behalf of the person at that time. Through her legal representative, the person initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal. The High Court refused the judicial review leave application with the consequence that the earlier decisions of the Refugee Appeals Tribunal and the Minister stood. The case of the person will now be dealt with in accordance with the provisions of section 3 of the Immigration Act 1999, as amended. The representations submitted on behalf of the person concerned 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.

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