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 177: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency in respect of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [10709/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 30 March 1998. His application was refused following consideration of his case by the then Asylum Division of the Department of Justice, Equality and Law Reform and, on appeal, by the then Asylum Appeals Authority.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999, the person concerned was informed, by letter dated 25 August 1999, 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 received on behalf of the person concerned at that time.

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. I am informed by my officials that processing of this case will now be considered as speedily as possible. When this consideration has been completed, the case file of the person concerned is passed to me for decision.

The Deputy might wish to note that the person concerned also made an application for permission to remain in the State in accordance with the revised arrangements applicable to the non-EEA national parents of Irish born children, born in the State before 1 January 2005. The revised arrangements in question, commonly referred to as the IBC/05 Scheme, were announced by the Minister for Justice, Equality and Law Reform on 15 January 2005 and the Closing Date for receipt of applications was 31 March 2005. The application of the person concerned was received on 20 May 2005 and, as such, was received too late for consideration. In addition it was noted that the Irish born child in question was born in the State in 2005 and, as such, was not an Irish citizen. The person concerned was made aware of the non-acceptance of his IBC/05 application by letter dated 2 August 2005.

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