Written answers

Wednesday, 29 October 2008

Department of Justice, Equality and Law Reform

Asylum Applications

9:00 pm

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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Question 318: To ask the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in County Cork ; if further applications or appeals are open to them; and if he will make a statement on the matter. [37322/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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This applicant applied for asylum on 14th September, 2004. Her application was refused and a Deportation Order was made on 6 September, 2005. The applicant instituted Judicial Review proceedings on 18 October, 2005 challenging the Deportation Order made in respect of her on 6 September, 2005. These proceedings were settled on the 17 December 2007 and her Deportation Order made in respect of her on 6 September, 2005 was revoked on 15 January, 2008. As part of the settlement terms the applicant was invited to submit fresh representations under section 3(3)(b) of the Immigration Act 1999.

The person concerned also made an application for Subsidiary Protection under the European Communities (Eligibility for Protection) Regulations, 2006 (Statutory Instrument No. 518 of 2006) on 19 July 2007. This application was considered but it was determined on the 23 January, 2008 that the applicant is not a person eligible for subsidiary protection. Representations were submitted by the applicant and considered under Section 3 of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended). A further Deportation Order was subsequently made in respect of the applicant on 24 January, 2008. The applicant instituted Judicial Review proceedings on 29 January, 2008 challenging the new Deportation Order and her Subsidiary Protection refusal and accordingly, as the matter is sub judice, I do not propose to comment further.

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