Bernard Durkan (Kildare North, Fine Gael)
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Question 560: To ask the Minister for Justice, Equality and Law Reform the residency position and leave to remain status in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [11805/09]

Dermot Ahern (Louth, Fianna Fail)
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2057The person concerned applied for asylum in the State on 15 June 2007. She gave birth to a child in the State in early 2008 and this child was subsequently included on her asylum application. 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 9 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)
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Question 561: To ask the Minister for Justice, Equality and Law Reform the current or expected residency or leave to remain here status in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [11806/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 28 January 1997. He made a second application under another name which he subsequently withdrew. His asylum 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 27 October 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. Following consideration of the case of the person concerned, the Minister signed a Deportation Order in respect of him on 1 December 2000.

The person concerned subsequently made an application to remain in the State based on his parentage of an Irish citizen child. The person concerned was granted permission to remain in the State on this basis for a period of one year and was notified to this effect by letter dated 19 July 2002. The Deportation Order made in respect of the person concerned was subsequently revoked.

On 11 August 2004 the person concerned was notified that the Minister had decided not to renew his permission to remain in the State. He was also 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 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 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, commonly known as the IBC/05 Scheme. The IBC/05 application of the person concerned was refused as it was deemed that he was not a person of good character and he did not appear to be playing an active role in the upbringing of his Irish citizen child. The person concerned was made aware of the refusal of his IBC/05 application by letter dated 8 September 2005.

On 21 August 2006 the person concerned 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 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.

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.