Written answers

Thursday, 26 February 2009

Department of Justice, Equality and Law Reform

Residency Permits

5:00 pm

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

Question 138: To ask the Minister for Justice, Equality and Law Reform the position in regard to the application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [8252/09]

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

The person concerned applied for asylum in the State on 28 March 2006. 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 20 February 2007, 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.

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.

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

Question 139: To ask the Minister for Justice, Equality and Law Reform the position in regard to the application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [8253/09]

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

The person concerned applied for asylum on 5 September 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 16 October 2008, 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 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.

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

Question 140: To ask the Minister for Justice, Equality and Law Reform the position in regard to the application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [8254/09]

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

The person concerned applied for asylum in the State on 5 September 2005. 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 16 October 2008, 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.

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.

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

Question 141: To ask the Minister for Justice, Equality and Law Reform the position in regard to the application for residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [8255/09]

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

I wish to inform the Deputy that the person to whom he refers was invited, by letter dated 9 October 2008, to submit representations under section 3 of the Immigration Act 1999, setting out the reasons as to why she should be permitted to remain in the State. A reply to that letter has been received in my Department and is being considered by the relevant officials. The person concerned will be contacted directly and informed of any decisions made regarding her status in the State in due course.

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

Question 142: To ask the Minister for Justice, Equality and Law Reform the position in regard to the application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [8256/09]

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

I refer the Deputy to his earlier Parliamentary Question, No. 235 of Thursday, 15 May 2008, and the written Reply to that Question. The person concerned arrived in the State on 27 November 2006 and applied for asylum. 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 6 November 2007, 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. In addition, she was informed 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). An application for Subsidiary Protection in the State was submitted on behalf of the person concerned 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.

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

Question 143: To ask the Minister for Justice, Equality and Law Reform the position in regard to the application for residency in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [8257/09]

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

The person concerned applied for asylum in the State on 6 August 2002 on her own behalf and on behalf of her then three minor children. Her asylum 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 19 June 2003, that the Minister proposed to make Deportation Orders in respect of her and her three 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 three children should be allowed to remain temporarily in the State. Representations were submitted on behalf of the person concerned and her children at that time.

The person concerned subsequently initiated Judicial Review Proceedings in the High Court, challenging the determination of the Refugee Applications Commissioner in her case. These Proceedings were 'settled', in late 2007. The Terms of Settlement included a provision that would enable the three children to lodge asylum applications in their own right, which they duly did, on 8 January 2008. No final decision has yet been made in the context of the childrens' individual asylum applications.

The case of the person concerned falls to be dealt with under the provisions of Section 3 of the Immigration Act, 1999 (as amended). All representations submitted by, and on behalf of, the person concerned 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.

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

Question 144: To ask the Minister for Justice, Equality and Law Reform when an extension of residency will be granted in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [8258/09]

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

I refer the Deputy to my reply to Parliamentary Question No. 86 of 29 January 2009. I am informed that in the meantime the person concerned presented at his Immigration Office and the permission granted has been renewed until 3 February 2010.

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

Question 145: To ask the Minister for Justice, Equality and Law Reform the progress to date in the matter of residency in the case of a person (details supplied) in Dublin 11; and if he will make a statement on the matter. [8259/09]

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

I refer the Deputy to his Parliamentary Question, No. 855 of Wednesday, 24 September 2008, and the written Reply to that Question. The person concerned applied for asylum on 14 October 2003. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner. The person concerned lodged an appeal against this determination with the Refugee Appeals Tribunal but later withdrew that appeal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 11 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.

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

Question 146: To ask the Minister for Justice, Equality and Law Reform the progress to date in the matter of residency or family reunification in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [8260/09]

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

The person concerned applied for asylum in the State on 28 August 2001. 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 18 June 2003, 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. Following consideration of his case, 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, a Deportation Order was signed in respect of the person concerned on 6 May 2005. Notice of this Order was served by registered letter dated 20 May 2005 requiring the person concerned to present himself to the Garda National Immigration Bureau (GNIB) on 7 June 2005 in order to make travel arrangements for his deportation from the State.

The person concerned initiated Judicial Review Proceedings challenging the Deportation Order. These Proceedings were determined on 28 February 2006 with the outcome being that the Judicial Review Leave Application was refused by the High Court. On 26 January 2007, the person concerned submitted an application for Subsidiary Protection in the State in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations, 2006 (Statutory Instrument No. 518 of 2006). This application was not considered because the person concerned, as a person subject to a Deportation Order, did not have an automatic entitlement to make an application for Subsidiary Protection in the State. This decision was challenged in the High Court by the person concerned, on 22 March 2007, through the medium of Judicial Review Proceedings.

On 5 November 2007 the legal representative of the person concerned was notified by Officials in my Department of the recent High Court judgments which held that the Minister had a discretion under Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006 (Statutory Instrument No. 518 of 2006) to accept and consider an application for Subsidiary Protection from persons who did not have an automatic right to apply and, in light of this, the legal representative of the person concerned was invited, on their client's behalf, to make an application under Regulation 4(2) of the aforementioned Regulations.

An application under Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006 (Statutory Instrument No. 518 of 2006) was subsequently received on behalf of the person concerned. Following consideration of this application, the person concerned was notified, in writing, that the Minister had decided not to exercise his discretion to accept and consider the Subsidiary Protection application. He was further notified that, in light of this decision, the Garda National Immigration Bureau had been requested to proceed with the enforcement of the Deportation Order.

On 27 August 2008 an application to revoke the Deportation Order, in accordance with the provisions of Section 3 (11) of the Immigration Act, 1999 (as amended), was received in my Department on behalf of the person concerned. This application is under consideration in my Department at present. When a decision has been made on this application, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned. The Deputy might wish to note that there is no record in my Department of an application for Family Reunification having been received in respect of the person concerned.

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

Question 147: To ask the Minister for Justice, Equality and Law Reform the position in regard to family reunification in the case of persons (details supplied) in County Dublin; and if he will make a statement on the matter. [8261/09]

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

I have been informed by the Immigration Division of my Department that the persons referred to by the Deputy entered the State on 30th July 2008 for the purpose of a visit and were granted permission to remain until 29th October 2008. Subsequently, on 8th September 2008 an application was received from the persons in question seeking permission to reside in the State on a permanent basis. On the 6th October 2008 the application was refused. A letter was issued to the persons concerned by General Immigration Division on 4th December 2008 but no reply was received. On 24th February 2009, the Immigration Division issued notices of intention to deport to the persons in question. In the notice letters, the persons concerned have been advised that they are entitled to make written representations to me setting out reasons as to why they should be allowed to remain temporarily in the State.

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

Question 148: 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 Cork; and if he will make a statement on the matter. [8262/09]

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

The person concerned applied for asylum on 23 February 2005. The Office of the Refugee Applications Commissioner made a determination that the asylum application of the person concerned be 'deemed to be withdrawn' as she did not attend at that Office within five working days of her arrival in the State nor did she notify that Office of her address in the State at that time. The person concerned subsequently claimed asylum in the United Kingdom using another identity. Arising from the UK asylum application, a request was received from the UK authorities, on 18 March 2005, that this State 'take back' the person concerned in accordance with Article 16(1)(c) of the Dublin II Regulation [Council Regulation (EC) No. 343/2003] on the basis that an earlier asylum application had been made in this State. Ireland agreed to accept responsibility and the person concerned was formally transferred to Ireland by the UK authorities.

In accordance with Section 17(1A) of the Refugee Act, 1996 (as amended), the person concerned was notified, by letter dated 26 July 2005, re-issued on 10 August 2005, that, based on the recommendation of the Refugee Applications Commissioner, the Minister had decided to refuse her a declaration as a refugee. In addition she was notified that, in accordance with Section 3 of the Immigration Act, 1999 (as amended), 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. The Deputy might wish to note that the person concerned also sought to be re-admitted to the asylum process in accordance with the provisions of Section 17(7) of the Refugee Act, 1996 (as amended). Following consideration of this application, a decision was taken to refuse the application and this decision was notified to the person concerned by letter dated 29 July 2005.

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

Question 149: 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. [8263/09]

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

I refer the Deputy to my detailed Reply to his recent Parliamentary Question No. 104 of Thursday, 29 January 2009, in this matter. The position in the State of the person concerned is as set out in that Reply.

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

Question 150: To ask the Minister for Justice, Equality and Law Reform when residency status will be granted or extended in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [8264/09]

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

The person concerned arrived in the State on 28 August 2000 and applied for asylum. 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. The person concerned was informed by letter dated 22 January 2003 that the Minister proposed to make a Deportation Order in respect of him and afforded him three options in accordance with Section 3(3)(b)(ii) of the Immigration Act, 1999 (as amended) namely to leave the State voluntarily, to consent to the making of a Deportation Order or to submit, within 15 working days, written representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State.

His case was examined 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. Consideration was given to representations submitted on his behalf for permission to remain in the State. On 12 July 2004 one of my predecessors refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of him. Notice of this order was served by registered post requiring the person concerned to present himself at the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay on Tuesday 10 August 2004 in order to make travel arrangements for his removal from the State. He failed to comply with his reporting requirements and was classified as evading his deportation.

By letter dated 26 August 2008, the legal representative of the person concerned lodged an application for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006 — Statutory Instrument No. 518 of 2006. By letter dated 10 September 2008 the legal representative of the person concerned was invited to make an application under Regulation 4(2) of the aforesaid Regulations setting out any new facts or circumstances relevant to the person concerned, or his country of origin, which had arisen since the original decision to deport was made and which related to a possible entitlement to Subsidiary Protection. A condition of this letter was that any representations were subject to a deadline of 10 working days from the date of the letter.

No representations were received within the specified timeline and a decision was taken to issue a further letter dated 28 October 2008 requesting the lodgement of representations and, on that occasion, affording a timeline of 5 working days for the receipt of same. As no representations were forthcoming, a final letter dated 4 December 2008 issued to the legal representative of the person concerned advising that the GNIB had been informed to proceed with the enforcement of the Deportation Order. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the GNIB.

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

Question 151: 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 Dublin 15; and if he will make a statement on the matter. [8265/09]

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

The person concerned entered the State on a C-Visit Visa on 18 September 2008 and was granted leave to remain in the State until 19 October 2008. The daughter of the person concerned wrote to the Immigration Division of my Department on 7 October 2008 seeking, on behalf of her father, an extension of his permission to remain in the State. Following consideration of this request, my Department decided that her father's circumstances did not warrant an extension of his C-Visit Visa period and this position was conveyed in writing to the daughter of the person concerned by letter dated 12 January 2009.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 18 February 2009, that the Minister proposed to make a Deportation Order in respect of him, as he was a person whose deportation would, in the opinion of the Minister, be conducive to the common good. 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. The 15 working day period referred to expires on 12 March 2009. It is open to the person concerned to submit representations within that period. In any event, a final decision on the case will not be made prior to the expiry of the 15 working day period referred to.

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

Question 152: 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 Kildare; and if he will make a statement on the matter. [8266/09]

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

Officials in the Citizenship Division of my Department inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's Question. An application for long term residency was received from the person referred to by the Deputy on 27th July 2007. I understand that applications received in April 2007 are currently being dealt with. As soon as a decision is made on the case, the person concerned will be notified.

Comments

No comments

Log in or join to post a public comment.