Written answers

Tuesday, 2 December 2008

Department of Justice, Equality and Law Reform

Asylum Applications

9:00 pm

Photo of Mary O'RourkeMary O'Rourke (Longford-Westmeath, Fianna Fail)
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Question 286: To ask the Minister for Justice, Equality and Law Reform if he will review the case of persons (details supplied) in County Westmeath who seek leave to remain here on humanitarian grounds. [43520/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The people in question, a husband and wife, made separate applications for asylum on 7 September 2004. Their infant child was included in her mother's application. Their applications were refused following separate consideration of their cases 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 people in question were informed, by letter dated 13 May 2005 in her case and by letter dated 25 May 2006 in his case, that the Minister proposed to make deportation orders in respect of them and their child. They were each given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of deportation orders or of making representations to the Minister setting out the reasons they should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the persons concerned. These representations 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 files are passed to me for decision.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Question 287: To ask the Minister for Justice, Equality and Law Reform the number of people who have been granted asylum here, the number of people who have been refused asylum here and the number of people with asylum appeals pending here in relation to applicants for asylum from the Democratic Republic of Congo in respect of each of the past three years; and if he will make a statement on the matter. [43534/08]

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. The bodies 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. The information requested by the Deputy in relation to asylum applications from nationals of the Democratic Republic of Congo is set out in the following tables:

Table 1: Recommendations to grant refugee status to asylum applicants from the Democratic Republic of Congo at first instance and at appeal stage 2005-31 October 2008
2005200620072008 (31/10)
First Instance*1412*
Appeal Stage17*10*
Total22

Please note that figures less than 10 are not made public due to confidentiality reasons.

Table 2: Recommendations to refuse refugee status to asylum applicants from the Democratic Republic of Congo at first instance and at appeal stage 2005-31 October 2008
2005200620072008 (31/10)
First Instance229106139135
Appeal Stage1801236484
Total409229203219

As at 31 October 2008 there were 200 appeals relating to asylum applications from the Democratic Republic of Congo pending in the Refugee Appeals Tribunal.

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