Written answers

Thursday, 11 December 2008

Department of Justice, Equality and Law Reform

Residency Permits

8:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 171: To ask the Minister for Justice, Equality and Law Reform when it is expected to determine the residency application in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [45887/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on the 30th March 2000. Her application was refused and a Deportation Order was made in respect of her on the 28th October 2003. The person concerned instituted Judicial Review proceedings on the 1st March 2004 challenging the decision to make a Deportation Order in respect of her. Her Leave application to apply for Judicial Review was granted on the 7th May 2004. These proceedings were determined on the 8th October 2008 in the High Court where the Court quashed the applicant's Deportation Order having adjudged that there had been an error in the consideration which led to the signing of that Order.

Arising from that High Court Judgement, the case of the person concerned falls to be considered anew pursuant to Section 3 of the Immigration Act, 1999, as amended. As part of that process, a representative of my Department will be writing to the person concerned in the coming days to invite her to submit, within a specific timeframe, any representations which she would wish to have considered before a final decision is made in her case.

The Deputy can be assured that any such 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 file is passed to me for a decision.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 172: To ask the Minister for Justice, Equality and Law Reform when it is expected that a residency or family reunification application in the name of a person (details supplied) in County Kildare will be concluded; and if he will make a statement on the matter. [45888/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my previous answers to Questions Nos. 1213 and 131 put down for answer on 30th January 2008 and 9th October 2008 respectively.

I am informed by the Immigration Division of my Department that a Family Reunification application was received from the person referred to by the Deputy in May 2002 and that a decision was issued in January 2005. A review of that decision was carried out in 2005 and following the review the person in question was notified that the original decision was upheld.

A new application for Family Reunification was received from the person in question in December 2007. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. The investigation has been completed and the Commissioner has forwarded a report to my Department.

The report will be considered by my Department and a decision on the application will issue in due course.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 173: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for residency in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [45899/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I would refer the Deputy to the detailed Reply I gave to his recent Parliamentary Question, No. 135 of Thursday, 23 October 2008, in this matter.

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 174: To ask the Minister for Justice, Equality and Law Reform when the residency process is expected to be concluded in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [45900/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I would refer the Deputy to the detailed Reply I gave to his recent Parliamentary Question, No. 113 of Thursday, 27 November 2008, in this matter.

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 175: To ask the Minister for Justice, Equality and Law Reform the current or expected status in the application for residency in the case of a person (details supplied) in County Clare; and if he will make a statement on the matter. [45901/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person referred to by the Deputy applied for asylum on 21 July 2008. The claim was assessed by the Refugee Applications Commissioner who concluded that the person concerned did not meet the criteria for recognition as a refugee. The Commissioner's recommendation was communicated to him by letter dated 15 August 2008. This communication advised the person of his entitlement to appeal the Commissioner's recommendation to the Refugee Appeals Tribunal, which he duly did.

The Refugee Appeals Tribunal considered the person's appeal, following which the Tribunal affirmed the Commissioner's earlier recommendation to reject his claim. The outcome of the appeal was made known to the applicant by letter dated 14 November 2008.

In accordance with normal procedures, the applicant's file was forwarded to my Department's Ministerial Decisions Unit for final processing of the asylum claim. A letter will issue to him from my Department formally advising him that his asylum claim has been rejected and affording him three options as follows:

1. Return home voluntarily

2. Consent to the making of a deportation order, or

3. Make written representations to me within 15 working days for temporary leave to remain in the State and/or make an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 (SI No. 518 of 2006)

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 176: To ask the Minister for Justice, Equality and Law Reform the current or expected status of the application for residency in the case of a person (details supplied) in County Clare; and if he will make a statement on the matter. [45902/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 177: To ask the Minister for Justice, Equality and Law Reform the current or expected status in the application for residency in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [45903/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 27 September 1999. 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 27 November 2002, 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 were received on his behalf. Following consideration of his case, 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, a Deportation Order was signed in respect of the person concerned on 22 December 2004. Notice of this Order was served by registered letter dated 17 February 2005 requiring the person concerned to present himself to the Garda National Immigration Bureau (GNIB) on a specified date in order to make travel arrangements for his deportation from the State. The person concerned presented on the specified date as required and was given further presentation dates by the GNIB.

The person concerned, through his legal representative, requested the Minister to review the decision not to allow to him permission to remain temporarily in the State in view of new information which had come to hand. Following consideration of this new information the Deportation Order was affirmed and the legal representative of the person concerned was notified of this by letter.

The person concerned, again through his legal representative, subsequently submitted a request under Regulation 4 (2) of the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006) seeking the permission of the Minister to consider an application for Subsidiary Protection in the State in accordance with those Regulations which came into force on 10 October 2006. Following consideration of the information submitted, the application was refused. The person concerned and his legal representative were notified of this decision by letter dated 21 November 2008. The person concerned was also required to present himself at the GNIB on Thursday 4 December 2008 in order to make travel arrangements for his removal from the State. He presented as required and is due to present again on 8 January 2009.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the GNIB.

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