Written answers

Wednesday, 29 October 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 300: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for residency status in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [36971/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am pleased to inform the Deputy that a letter was issued to the person in question on 23 October 2008, renewing their permission to remain in the State for an initial 12 month period with effect from 23 October 2008.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 301: To ask the Minister for Justice, Equality and Law Reform the correct procedure to regularise the residency position in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [36972/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Officials within my Department have conducted an extensive search of the relevant immigration databases, and have been unable to locate any records for the persons concerned. The persons are advised to write to my Department at INIS, PO Box 10003, Dublin 2 setting out their current residency arrangements so that the issue of the regularisation of that position can be examined.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 302: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for family reunification in the case of persons (details supplied) in Dublin 6; and if he will make a statement on the matter. [36973/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The first named person concerned was granted temporary permission to remain in the State on 14 November 2006, following the consideration of his case under Section 3 of the Immigration Act, 1999 (as amended). This permission was subsequently renewed for one year to 18 November 2008 and the first named person concerned was informed of this decision by letter dated 19 November 2007. This position still obtains.

There are no records in my Department of the second, third and fourth named persons concerned having entered or resided in the State. Neither is there any record of the first named person concerned having submitted an application for family reunification. The Deputy might wish to note that the position in the State of the first named person concerned is not such as would confer any statutory entitlement under family reunification provisions.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 303: To ask the Minister for Justice, Equality and Law Reform when stamp four documentation will be returned to a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [36974/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am pleased to inform the Deputy that the permission of the person concerned to remain in the State under the revised arrangements for non-EEA parents of children born in Ireland prior to 1st January, 2005, known as the IBC/05 Scheme, has been renewed until 10th August, 2010. This permission to remain only comes into effect following registration with the Garda National Immigration Bureau. I have arranged for officials within my Department to re-issue the letter informing the person of this decision to the address provided by the Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 304: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for residency in the case of persons (details supplied) in County Cork; and if he will make a statement on the matter. [36975/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The first named person concerned applied for asylum in the State on 29 July 2005. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. The first named person concerned initiated Judicial Review Proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. The High Court refused the Judicial Review Leave Application.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the first named person concerned was informed, by letter dated 22 August 2008, 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. In addition, she was notified of her 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 first named 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 first named 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 first named 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 first named person concerned is passed to me for decision.

The second named person concerned is the infant son of the first named person concerned. An application for asylum was submitted on behalf of the second named person concerned on 6 March 2008. It is not the practice to comment in detail on individual asylum applications. 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.

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