Written answers

Thursday, 16 October 2008

Department of Justice, Equality and Law Reform

Asylum Applications

7:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 60: To ask the Minister for Justice, Equality and Law Reform when the process of an application for residency and naturalisation will be concluded in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [35335/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 7 September 2000. 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 26 February 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 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 61: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [35336/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my reply to his recent Parliamentary Question, No. 865 of Wednesday 24 September 2008. The position in the State of the person concerned is as set out in that Reply.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 62: To ask the Minister for Justice, Equality and Law Reform if reconsideration on humanitarian grounds will be given in the matter of residency in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [35337/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 28 September 2004 as an unaccompanied minor. He applied for asylum on 13 January 2005. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

The person concerned was informed by letter dated 14 November 2005, that the Minister proposed to make a Deportation Order in respect of him and afforded him three options in accordance with Section 3(3)(b)(ii) of the Immigration Act, 1999, as amended, namely to leave the State voluntarily, to consent to the making of a Deportation Order or to submit, within 15 working days, representations to the Minister, in writing, setting out the reasons why he should be allowed to remain temporarily in the State i.e. why he should not be deported.

On 10 October, 2006, regulations known as the European Communities (Eligibility for Protection) Regulations, 2006, S.I. No. 518 of 2006, came into force. The person in question was notified by letter dated 23 May, 2007 of the new regulations and invited to apply for Subsidiary Protection and to update his representations to remain temporarily in the State . By letter dated 14 June 2007, the legal representatives of the person concerned lodged an application for Subsidiary Protection in the State on his behalf and in accordance with the Regulations.

By letter dated 17 April 2008, the person concerned was advised that following consideration of his application, it was determined that he was not eligible for Subsidiary Protection. The letter went on to advise him that he would be considered under Section 3(6) of the Immigration Act, 1999, as amended, to see whether a Deportation Order should be made in respect of him. New legal representatives were engaged by the person concerned and updated representations under the said Act were lodged under cover letter dated 22 August 2008.

His 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 received on his behalf for permission to remain in the State. On 18 September 2008, I refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of him. Notice of this order was served by registered post requiring the person concerned to present himself to the Garda National Immigration Bureau (GNIB), 13/14 Burgh Quay, Dublin 2, on Tuesday 14 October 2008, in order to make travel arrangements for his removal from the State. He presented as required and was given a further presentation date. He is due to present again on Thursday 6 November 2008.

By letter dated 14 October 2008, the legal representatives of the person concerned applied to have his Deportation Order revoked. This application is currently under consideration in my Department and I expect to decide on the matter in due course.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 63: To ask the Minister for Justice, Equality and Law Reform the degree to which an application for residency has been processed in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [35338/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 9 June 2005. Her asylum application was refused following consideration of the 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 31 May 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 why she 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 64: To ask the Minister for Justice, Equality and Law Reform if he will review the case for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [35339/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 17 December 2004 and claimed asylum on 29 December 2004. Her application was refused following consideration of her case by the Office of the Refugee Applications 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 13 September 2005, that the Minister proposed to make a deportation order in respect of her. She was afforded 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 she should be allowed to remain temporarily in the State i.e. why she should not be deported.

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 received on her behalf from her legal representatives. On 9 February 2006 the then Minister refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of her. Notice of this order was served by registered post requiring the person concerned to present herself at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on Thursday 9 March 2006 in order to make travel arrangements for her removal from the State. She presented as required and has continued to meet the presentation requirements of the GNIB.

On 8 March 2006 legal proceedings were instituted in the High Court on behalf of the person concerned challenging the decision of the then Minister to deport her. The hearing in this regard took place on 27 July 2007. The outcome of said hearing was that Leave was refused and the decision of the Minister upheld.

A Subsidiary Protection application is currently under consideration in respect of the son of the person concerned. Legal proceedings, initiated on 9 May 2008, in respect of the daughter of the person concerned, challenging the refusal of her asylum claim, are currently outstanding. My Department has provided an undertaking in respect of the person concerned not to deport her from the State until a decision has been reached in respect of the immigration status of her two children. The enforcement of the Deportation Order is an operational matter for the GNIB.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 65: To ask the Minister for Justice, Equality and Law Reform the progress to date in the case of an application for residency and leave to remain in the name of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [35340/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 30 July 2004. Her asylum application was refused following consideration of the 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 29 December 2005, 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 why she 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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