Written answers

Thursday, 18 December 2008

Department of Justice, Equality and Law Reform

Residency Permits

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 213: To ask the Minister for Justice, Equality and Law Reform the position in regard to family reunification in the case of a person (details supplied) in County Longford; and if he will make a statement on the matter. [47607/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Immigration Division of my Department that the person referred to by the Deputy made a Family Reunification application in April 2003 in respect of his wife and that a decision issued in respect of this application in May 2004.

I am further informed by the Immigration Division that there is no record of a Family Reunification application in respect of the brother of the person in question.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 214: To ask the Minister for Justice, Equality and Law Reform the current or expected position in the matter of family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [47608/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Immigration Division of my Department that the person in question made a Family Reunification/Permission to Remain application on behalf of her husband in April 2007. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation has been completed and the Commissioner has forwarded a report to my Department. This application will be considered by my Department and a decision will issue in due course.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 215: To ask the Minister for Justice, Equality and Law Reform the current or expected position in the matter of residency in the case of persons (details supplied) in County Mayo; and if he will make a statement on the matter. [47609/08]

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 216: To ask the Minister for Justice, Equality and Law Reform the current or expected position in the matter of residency in the case of a person (details supplied) in County Monaghan; and if he will make a statement on the matter. [47610/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Questions No. 859 of Thursday 10 July 2008, No. 172 of Thursday 26 June 2008, No. 531 of Thursday 17 April 2008, No. 202 of Thursday, 10 April 2008 and No. 225 of Thursday, 3 April 2008 and the written Replies to those Questions.

The person concerned arrived in the State on 12 September 2006 and applied for asylum. 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 14 February 2008, and by amended letter dated 4 April 2008, 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. In addition, he was notified of his 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 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 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 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 person concerned is passed to me for decision.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 217: To ask the Minister for Justice, Equality and Law Reform the current or expected position in the matter of residency in the case of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [47611/08]

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 218: To ask the Minister for Justice, Equality and Law Reform the current or expected position in the matter of residency in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [47612/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Immigration Division of my Department that an application by the person concerned for residence in the State on the basis of his marriage to an EU National was approved on 9 July 2007.

This permission was revoked on 1 December 2008 when it subsequently came to light that the person concerned had divorced from the EU National during the time the original application was being considered.

The person concerned was given the opportunity to make submissions as to why permission to remain should be granted. Correspondence received from the applicant's legal representatives in this respect is currently being considered.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 219: To ask the Minister for Justice, Equality and Law Reform the current or expected position in the matter of residency in the case of a person (details supplied); and if he will make a statement on the matter. [47613/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I wish to inform the Deputy that the person concerned was granted permission to remain in the State in September 2000, under the arrangements then in place for the parents of Irish citizen children. The permission granted is currently valid until 12 June 2009.

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