Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 124: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency and family reunification in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [8238/09]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I refer the Deputy to my previous answers to Parliamentary Question No. 975 put down for answer on 26th September 2007 and 827 put down for answer on 17th June 2008. I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in January 2006 and a decision was issued to the person in question on 9th July 2008. However, the letter containing that decision was subsequently returned undelivered to my Department. The decision letter will now be reissued and sent to the new address which the Deputy has provided for the person in question.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 125: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [8239/09]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The person concerned applied for asylum on 18 February 2004. 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 10 August 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.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 126: To ask the Minister for Justice, Equality and Law Reform if consideration on compassionate grounds is expected to be given in respect of residency in respect of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [8240/09]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The person concerned and her three children arrived in the State on 9 October 2005 and made an initial application for asylum on 11 October 2005. The three children were included on their mother's asylum application. Her application was refused following consideration of her 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 22 August 2006, 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. Representations were submitted on behalf of the person concerned at that time.

The person concerned, through her legal representative, subsequently made an application for re-admittance to the asylum process in accordance with the provisions of Section 17(7) of the Refugee Act, 1996 (as amended) and provided additional information in support of this application. Following consideration of this application, the Minister consented to allowing the person concerned to make a fresh asylum application. The person concerned was re-admitted to the asylum process on 1 May 2007. Her three children were again included on their mother's application. The asylum application was refused following consideration of the 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 26 January 2009, 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 has 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 later consideration has been completed, the case file of the person concerned is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 127: To ask the Minister for Justice, Equality and Law Reform the progress to date in the matter of residency in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [8241/09]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I refer the Deputy to his earlier Parliamentary Question, No. 63 of Thursday, 16 October 2008, and the written Reply to that Question. The person concerned applied for asylum on 9 June 2005. Her asylum application was refused following consideration of the 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 31 May 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 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.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 128: To ask the Minister for Justice, Equality and Law Reform the progress to date in the matter of residency in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [8242/09]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I refer the Deputy to his earlier Parliamentary Question No. 407 of Tuesday, 8 April 2008, and the written Reply to that Question. The person concerned applied for asylum on 2 February 2005. His asylum 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 30 September 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 received 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.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 129: To ask the Minister for Justice, Equality and Law Reform if he will grant extended residency in respect of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [8243/09]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I have been informed by the Irish Naturalisation and Immigration Services of my Department that the person referred to by the Deputy has been granted permission to remain in the State on Stamp 3 (missionary) conditions until the 16th July 2009. The person should contact the Department closer to the expiry date of his permission in order for his status to be reviewed. Officials in my Department are currently considering the present policy and arrangements which should apply to religious workers.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 130: To ask the Minister for Justice, Equality and Law Reform the position in regard to an application for residency in respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [8244/09]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I refer the Deputy to his earlier Parliamentary Question, No. 189 of Thursday, 25 September 2008, and the written Reply to that Question. The person concerned, accompanied by her infant child, applied for asylum on 16 January 2004. The child was included in her mother's application. The asylum application was refused following consideration of the 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 12 September 2005, that the Minister proposed to make Deportation Orders in respect of her and her child. 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 child should be allowed to remain temporarily in the State. Representations were submitted on behalf of the person concerned at that time.

By letter dated 20 February 2008, the person concerned was notified of her entitlement to apply, within a defined time period, for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). While the person concerned did not submit an application for Subsidiary Protection in the State within the defined time period, she later submitted such an application and this application is currently under consideration. 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 is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 131: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency or citizenship in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [8245/09]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

There is currently no application pending in my Department for residency in the case of the person whose details were supplied. If an application for asylum has been made by the person concerned the Deputy will of course be aware that it is not the practice to comment on asylum applications that are pending.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 132: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [8246/09]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I refer the Deputy to my reply to Parliamentary Question No. 229 of 18 December 2008. The position remains as stated.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 133: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [8247/09]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The person concerned applied for asylum in the State on 10 January 2006. She gave birth to a child in the State in early 2006 and this child was included on her asylum application. Her application was refused following consideration of her 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 7 January 2009, that the Minister proposed to make Deportation Orders in respect of her and her child. 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 child 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.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 134: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [8248/09]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The person concerned applied for asylum on 16 November 2005. 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 November 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 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 did not respond to my Department's letter.

The case file of the person concerned now falls to 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 consideration has been completed, the file is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 135: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [8249/09]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The person concerned applied for asylum in the State on 25 August 2004. Her application was refused following consideration of her 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 21 November 2005, 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 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.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 136: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [8250/09]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The person concerned applied for asylum on 2 September 2004. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Arising from the refusal of his asylum claim, and in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 17 November 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 were submitted on behalf of the person concerned at that time.

On 21 February 2006, the person concerned initiated Judicial Review Proceedings in the High Court against the Refugee Appeals Tribunal, challenging the Tribunal's decision in his case. These proceedings were determined in favour of the Tribunal on 20 January 2009. Given that the Judicial Review Proceedings have been finalised, the case file of the person concerned, including all representations submitted, now falls to 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 consideration has been completed, the case file of the person concerned is passed to me for decision.