Written answers

Wednesday, 11 March 2009

Department of Justice, Equality and Law Reform

Asylum Applications

8:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 147: To ask the Minister for Justice, Equality and Law Reform his views on the case in respect of a person (details supplied). [10493/09]

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

The person concerned applied for asylum on 20 May 1998 as a minor dependant of his adult brother. As a result, any decision taken in relation to the adult brother of the person concerned applied equally to the person concerned.

The brother of the person concerned was granted permission to remain in the State on the basis of his marriage to an Irish national, until 26 May 2000. This permission was subsequently renewed until 26 May 2001. This permission also applied to the person concerned. The person concerned formally withdrew his asylum application on 24 June 1999.

The adult brother of the person concerned and his Irish spouse separated in 2000 and, as a consequence, his application for renewal of his permission to remain in the State was refused. This decision applied equally to the person concerned.

In 2003, the person concerned applied for a certificate of naturalisation but this application was refused as the person concerned was deemed to have insufficient periods of legal/reckonable residence in the State.

The marriage of the adult brother of the person concerned was annulled by Court Order dated 22 June 2004. As a result, a notice of intention to deport letter, as provided for under Section 3 of the Immigration Act, 1999 (as amended), issued to the person concerned on 3 August 2004.

The case of the person concerned 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 following which, on 1 December 2005, the then Minister for Justice, Equality and Law Reform signed a Deportation Order in respect of him. Notice of this Order was served on 7 December 2005. The person concerned was deported the following day.

In early 2009, the person concerned applied for a visa at the Visa Office in the Irish Embassy in London. This application was refused. The decision to refuse the visa application, and the reasons for refusal, was conveyed in writing to the person concerned by letter dated 3 February 2009. The visa application was refused because the person concerned remains the subject of a Deportation Order.

It is open to the person concerned to submit an appeal addressing the stated refusal reason within two months of the date of this notification, in this case before 3 April 2009. Outside of this time frame a fresh visa application must be made.

The communication included as part of this Parliamentary Question has requested the revocation of the Deportation Order. This request will shortly be considered by Officials in my Department. When a decision has been made on this request, this will be conveyed in writing to the person concerned.

Comments

No comments

Log in or join to post a public comment.