Written answers

Tuesday, 27 January 2009

Department of Justice, Equality and Law Reform

Residency Permits

9:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 672: 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 Louth; and if he will make a statement on the matter. [1609/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum 25 November 2002. 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 9 January 2004, 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 from the person concerned.

The person concerned has also submitted an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006) 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 will be passed to me for decision.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 673: To ask the Minister for Justice, Equality and Law Reform when a decision will be made 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. [1610/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned has been granted temporary Leave to Remain in the State for a three year period to 24 September 2010. This decision was conveyed to the person concerned by letter dated 24 September 2007 to the address notified to the Department by the person concerned at that time.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 674: To ask the Minister for Justice, Equality and Law Reform the position on an application for residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [1611/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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An application, dated 2 January, 2008, for permission to remain on the basis of being the family dependant of a person granted permission to remain under the revised arrangements for the non-EEA parents of children born in Ireland prior to 1 January, 2005, known as the IBC/05 Scheme was received in my Department. This application was submitted by a solicitor with an address in London.

Officials within my Department wrote to that solicitor on 18 January, 2008, requesting documentary evidence of continuous residence in Ireland in respect of the person concerned. Further letters in this regard, dated 19 March 2008, and 23 April, 2008, issued to the person in question. A substantive response to those letters has not yet been received in my Department.

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