Written answers

Tuesday, 27 January 2009

Department of Justice, Equality and Law Reform

Asylum Applications

9:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 725: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for subsidiary protection in the case of persons (details supplied); and if he will make a statement on the matter. [2421/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The immigration case histories and up to date positions of the two persons concerned, two sisters, are almost identical. As a result, for the purposes of the Deputy's Question, I will deal with the two cases as one. Both of the persons concerned arrived in the State as unaccompanied minors on 16 October 2007. They were re-united with their adult sister who was residing in the State. They applied for asylum in the State on 23 January 2008. Their respective asylum applications were refused following the individual consideration of their cases by the Office of the Refugee Applications Commissioner. They chose not to pursue an appeal, to the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), both of the persons concerned were informed, by letter dated 8 January 2009, that the Minister proposed to make deportation orders in respect of them. 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 why they should be allowed to remain temporarily in the State. In addition, they were notified of their 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). To date no response has been received in my Department to above mentioned letters.

The Deputy might wish to note that the 15 working day period referred to in my Department's letters of 8 January 2009, expires on the 29 January 2009. It is open to both the persons concerned to make representations and/or apply for subsidiary protection within that period. In any event, a final decision on this case will not be made prior to the expiry of the date above.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 726: 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 Meath; and if he will make a statement on the matter. [2422/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 1 February 2006. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), he was informed, by letter dated 31 August 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 submitting written representations to the Minister setting out the reasons why he should be allowed to remain in the State. Representations have been received on behalf of the person concerned and will be fully considered before the file is passed to me for decision.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 727: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for family reunification in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [2423/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Immigration Division of my Department that a Family Reunification application was received in April 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. Applications are currently taking approximately 24 months to process.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 728: 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 Dublin 22; and if he will make a statement on the matter. [2424/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum in the State on 28 August 2000. Her son arrived in the State with her and he was included on her application. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by 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 26 February 2002, that the Minister proposed to make Deportation Orders in respect of her son and herself. She was 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 why she should be allowed to remain temporarily in the State. Representations were submitted on behalf of the person concerned.

The person concerned made an application for permission to remain in the State in accordance with the revised arrangements applicable to the non-EEA national parents of Irish born children, born in the State before 1 January 2005 on the basis of her custody of her Irish born grandchild. The revised arrangements in question, commonly referred to as the IBC/05 Scheme, were announced by the Minister for Justice, Equality and Law Reform on 15 January 2005. The person concerned was notified by letter dated 5 October 2005 that her application for permission to remain on that basis was refused, as she was not the legal guardian of the child in question.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 24 August 2006, that the Minister proposed to make a Deportation Order in respect of her. She 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 she should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and will be fully considered before the file is passed to me for decision.

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