Written answers

Thursday, 29 January 2009

Department of Justice, Equality and Law Reform

Residency Permits

4:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 104: To ask the Minister for Justice, Equality and Law Reform the progress to date in the case of residency status regarding a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [2956/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 19 December 2003. Following investigation by the Office of the Refugee Applications Commissioner, it was established that the person concerned had previously made an asylum application in the United Kingdom and, as such, a determination was made that the person concerned should be transferred to the United Kingdom, in accordance with the provisions of the Dublin II Regulations, for the purposes of having his asylum application examined there. This determination was upheld following an appeal to the Refugee Appeals Tribunal.

Consequently, a Transfer Order was signed in respect of the person concerned on 1 March 2004. This Order was served on the person concerned, by letter dated 2 July 2004, which placed a legal obligation on the person concerned to present himself at the Offices of the Garda National Immigration Bureau (GNIB), on Monday, 12 July 2004, to make arrangements for his formal transfer to the United Kingdom. The person concerned failed to 'present' on this occasion and was therefore classified as having 'evaded' his transfer. The person concerned became illegally resident in this State at that time.

The person concerned continued to evade his transfer with the consequence that the Transfer Order expired leaving Ireland responsible for processing the asylum application of the person concerned. At this point the case of the person concerned was referred back to the Office of the Refugee Applications Commissioner for the purposes of having his asylum claims investigated. Subsequently, the Office of the Refugee Applications Commissioner made a recommendation that the person concerned be refused a declaration of refugee status. This recommendation was upheld by the Refugee Appeal Tribunal.

In accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 23 June 2005, 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.

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