Written answers

Thursday, 12 March 2009

Department of Justice, Equality and Law Reform

Residency Permits

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 155: To ask the Minister for Justice, Equality and Law Reform if he will confirm, notwithstanding his reply to Parliamentary Question No. 674 of 27 January 2009, that all documentation referred to therein has in fact been submitted on more than one occasion; the further progress in the case; and if he will make a statement on the matter. [10687/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Further to my reply to Parliamentary Question No. 674 of 27 January 2009, I wish to inform the Deputy that subsequent to that reply, a further letter issued from my Department to the person concerned.

The letter, dated 28 January, 2009 re-iterated the issues already referred to in previous correspondence with regard to continuous residence, and again invited the person concerned to submit evidence of continuous residence in the State. A response to this most recent letter has been received in my Department and is being assessed by the relevant officials. The person concerned will be contacted directly in regard to the correspondence received. The person in question is advised to address all correspondence to my Department to: Dependants Unit, INIS, PO Box 10003, Dublin 2.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 156: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency status in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [10688/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Immigration Division of my Department that the person in question was the subject of an application for Family Reunification made by her father in March 2005. This application was approved on 12 April 2006.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 157: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency status in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [10689/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 30 December 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 24 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)
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Question 158: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency status in respect of a person (details supplied) in Dublin 22 who was apparently the victim of false identity; and if he will make a statement on the matter. [10690/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned claimed asylum in the State on 30/6/2000 and had her claim examined by the Office of the Refugee Applications Commissioner following which it was recommended that she should be recognised as a refugee. Based on this recommendation, the person concerned was issued with a formal declaration of refugee status by letter dated 23/10/2001. This communication also advised the person concerned of the rights and entitlements accompanying refugee status in the State. The person concerned continues to hold the status of refugee in the State. I have made enquiries with the Garda National Immigration Bureau and the Ministerial Decisions Unit of my Department regarding the question of the person concerned being the victim of false identity. Neither the GNIB nor the Ministerial Decisions Unit are aware of any such allegation.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 159: To ask the Minister for Justice, Equality and Law Reform the residency status in respect of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [10691/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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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)
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Question 160: To ask the Minister for Justice, Equality and Law Reform if he will confirm the residency status in respect of a person (details supplied) in County Laois; and if he will make a statement on the matter. [10692/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 161: To ask the Minister for Justice, Equality and Law Reform when stamp four will be granted in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [10693/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned has been granted Leave to Remain in the State for a three year period, to 29 July 2011. This decision was conveyed in writing to the person concerned by letter dated 29 July 2008.

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