Written answers

Tuesday, 31 March 2009

Department of Justice, Equality and Law Reform

Residency Permits

9:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 271: To ask the Minister for Justice, Equality and Law Reform the position in relation to the application for residency in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [12880/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my reply to Parliamentary Question No 334 for answer on 25 November, 2008. The person's case has been reviewed in light of the recent Supreme Court judgments on matters related to the IBC/05 Scheme. The Deportation Order made in respect of the person concerned, on 15 September, 2008 remains in force. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of Deportation Orders is an operational matter for the Garda National Immigration Bureau.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 272: To ask the Minister for Justice, Equality and Law Reform the position in relation to the application for residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [12881/09]

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.125 of Thursday 12 February 2009, in this matter. The position 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 273: To ask the Minister for Justice, Equality and Law Reform if a review will be taken in the case of the application for residency by a person (details supplied) in County Meath; if all relevant issues have been fully investigated before making an order; and if he will make a statement on the matter. [12882/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned, an infant child, was born in the State in mid-2008. An application for asylum was made on her behalf on 13 August 2008. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner, and, on appeal, by 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 28 November 2008, 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 i.e. why she should not be deported. She was also notified of her entitlement to apply for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006. An application for Subsidiary Protection was made on behalf of the person concerned by her legal representative. Following consideration of this application, a decision was made to refuse the application. The person concerned and her legal representative were notified of this decision by letter dated 11 March 2009.

Her case was then 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. Consideration was given to all representations submitted on her behalf. On 5 March 2009, I signed a Deportation Order in respect of the person concerned. Notice of this Order was served by registered letter dated 13 March 2009 which obliges the person concerned to leave the State. To this end, the person concerned is required to present herself at the Offices of the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on Tuesday 31 March 2009 in order to make arrangements for her removal from the State.

The Deputy might wish to note that the mother of the person concerned, who is also the subject of a Deportation Order, has been directed to 'present' at the Offices of the Garda National Immigration Bureau on the same date and at the same time as her infant child. I am satisfied that the applications made by the person concerned for asylum, for Subsidiary Protection and for leave to remain temporarily in the State were fairly and comprehensively examined and, as such, the decision to deport the person concerned is justified. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the GNIB.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 274: To ask the Minister for Justice, Equality and Law Reform the position in relation to the application for family reunification or residency in the case of persons (details supplied). [12883/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned has had his Leave to Remain in the State extended for a three year period, to 23 March 2012. This decision was conveyed to the person concerned by letter dated 24 March 2009. There is no record in my Department of the person concerned having submitted an application for family reunification. The Deputy might wish to note that the position in the State of the person concerned is not such as would confer any statutory entitlement under family reunification provisions.

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