Written answers

Thursday, 29 January 2009

Department of Justice, Equality and Law Reform

Asylum Applications

4:00 pm

Photo of Mary O'RourkeMary O'Rourke (Longford-Westmeath, Fianna Fail)
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Question 84: To ask the Minister for Justice, Equality and Law Reform the position regarding the application of a person (details supplied) in County Westmeath who has requested leave to remain on humanitarian grounds. [2913/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum in the State on 17 November 2004. Her two children were included in her application. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner. The person concerned then lodged Judicial Review Proceedings in the High Court challenging the determination of the Office of the Refugee Applications Commissioner that she not be declared to be a refugee. Following the resolution of these Proceedings, the person concerned was afforded a fresh consideration of her asylum claim by the Office of the Refugee Applications Commissioner. This further consideration took place but again the Office of the Refugee Applications Commissioner concluded that the person concerned did not meet the criteria for recognition as a refugee. The person concerned appealed this recommendation to the Refugee Appeals Tribunal who affirmed the earlier recommendation.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 13 February 2008, that the Minister proposed to make Deportation Orders in respect of her and her children. 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 and her children should be allowed to remain temporarily in the State. In addition, she was notified of her 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.

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