Written answers

Thursday, 26 March 2009

Department of Justice, Equality and Law Reform

Asylum Applications

4:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 139: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for residency in respect of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [12722/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned is the infant daughter of a person who had made an application for asylum in the State. On 23 January 2008, an application for asylum in her own right was made on behalf of this child by her mother. This application was refused following consideration of the 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 March 2009, 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 15 working day period referred to in my Department's letter expires on 2 April 2009. It is open to the person concerned to make representations and/or apply for Subsidiary Protection within that period. In any event, a final decision on this 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)
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Question 140: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for residency in respect of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [12723/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned and her two children arrived in the State on 27 November 2007 and applied for asylum. The children were included in their mother's application for asylum. The asylum application was refused following consideration of the 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 March 2009, that the Minister proposed to make Deportation Orders in respect of her and her 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 children 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 15 working day period referred to in my Department's letter expires on 2 April 2009. It is open to the person concerned to make representations and/or apply for Subsidiary Protection within that period. In any event, a final decision on this case will not be made prior to the expiry of the 15 working day period referred to.

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