Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 319: To ask the Minister for Justice, Equality and Law Reform if a review will be undertaken on foot of appeal on humanitarian grounds to remain here in the case of persons (details supplied); and if he will make a statement on the matter. [46222/08]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The persons concerned entered the state and applied for asylum on the 5th May 2004. They were refused a declaration of asylum on the 17th and 30th January 2006 respectively. Representations for Leave to Remain were received on behalf of the persons concerned on the 6th February 2006, 8 August 2007 and the 18th June 2008. The persons concerned made applications for Subsidiary Protection under the European Communities (Eligibility for Protection) Regulations, 2006 (Statutory Instrument No. 518 of 2006) and their applications were refused by my Department on the 23rd September 2008 and 1st October 2008. I considered all of the files of the persons concerned and all representations received before determining to make Deportation Orders in respect of them on the 30th October 2008.

The persons concerned instituted Judicial Review proceedings in the High Court on the 21st August 2008 seeking an Order of Mandamus that the Minister consider their Leave to Remain application. The persons concerned have now sought a Notice of Motion on the 21st November 2008 to amend their statement of grounds to challenge my decision to make Deportation Orders in respect of the persons concerned and determining that the persons concerned were not eligible for Subsidiary Protection. Accordingly, this case is sub judice and I do not propose to comment further on this matter.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 320: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [46223/08]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I refer the Deputy to Parliamentary Questions Nos. 866 and 1006 of Wednesday, 24 September 2008, 376 of Tuesday, 24 June 2008 and 406 of Tuesday, 8 April 2008 and the written Replies to those Questions.

The person concerned applied for asylum on 23 October 2003. 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 16 February 2006, 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 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 file is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 321: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [46224/08]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I refer the Deputy to the detailed Reply I gave to his recent Parliamentary Question, No. 294 of Tuesday, 9 December 2008, in this matter. The position in the State of the person concerned is as set out in that Reply.