Written answers

Thursday, 2 April 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 145: To ask the Minister for Justice, Equality and Law Reform when registration will be completed in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [13983/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Garda National Immigration Bureau that the registration of the above named Moldavian national is now complete.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 146: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [13984/09]

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. 261 of Tuesday 10 March 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 147: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [13985/09]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 165: To ask the Minister for Justice, Equality and Law Reform the current or expected position in regard to residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [14003/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to answer Questions Nos. 147 and 165 together.

There is currently no applications pending in my Department for residency in the case of the persons whose details were supplied. If an application for asylum has been made by the first named person the Deputy will of course be aware that it is not the practice to comment on asylum applications that are pending.

The second named person applied for asylum on 14th September, 2006. Included in her application was one of her children, the third named person. The second named person made a separate application for asylum on behalf of another one of her children, the fourth named person, on the 9 February 2007. The second, third and fourth named persons' applications were all refused and Deportation Orders were made in respect of all of them on 27 January, 2009. The applicants sought an injunction prohibiting their deportation on the 25 February 2009. The injunction application was made ex-parte and was granted on the 25 February 2009.

The second named person instituted Judicial Review proceedings on 26 February 2009 challenging the Deportation Order made in respect of her on 27 January 2009. The proceedings also sought that she should be allowed remain in the State pending a determination of asylum claims made in respect of two further children. Following a full hearing of the facts of this case in the High Court on 26 March 2009, Justice Harding Clarke refused all reliefs sought.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 148: To ask the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [13986/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person referred to by the Deputy applied for asylum on 03/07/2008. The claim was assessed by the Refugee Applications Commissioner who concluded that the person concerned did not meet the criteria for recognition as a refugee. The Commissioner's recommendation was communicated to him by letter dated 28/07/2008. This communication advised the person of his entitlement to appeal the Commissioner's recommendation to the Refugee Appeals Tribunal, which he duly did. The Refugee Appeals Tribunal considered the person's appeal, following which the Tribunal affirmed the Commissioner's earlier recommendation to reject his claim. The outcome of the appeal was made known to the applicant by letter dated 12/03/2009.

In accordance with normal procedures, the applicant's file will be forwarded to my Department's Ministerial Decisions Unit for final processing of the asylum claim. A letter will issue to him from my Department advising him formally that his asylum claim has been rejected and affording him three options as follows:

1. Return home voluntarily

2. Consent to the making of a deportation order, or

3. Make written representations to me within 15 working days for temporary leave to remain in the State and/or make an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 (SI No. 518 of 2006).

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 149: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [13987/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in September 2007. On examination of the application submitted it was determined that the person in question did not meet the statutory residency requirements as set out in the Irish Nationality and Citizenship Act, 1956, as amended. The person concerned was informed of this in a letter issued on 6 February, 2008. It is open to the person in question to lodge a new application with the Citizenship Division of my Department if and when he is in a position to meet the statutory requirements.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 150: To ask the Minister for Justice, Equality and Law Reform the status in the matter of residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [13988/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Immigration Division of my Department that on 3 March 2009 EU Treaty Rights section wrote to the legal representative for the person in question requesting further documentation in relation to their client's application for residence in the State. A form EU 1. was enclosed. To date EU Treaty Rights section has not received a reply from the person in question or his legal representative.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 151: To ask the Minister for Justice, Equality and Law Reform the status in the matter of residency in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [13989/09]

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. 179 of Thursday 12 March 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 152: To ask the Minister for Justice, Equality and Law Reform if it is possible to grant permission to remain or an extension of visitor's visa in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [13990/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Immigration Division of my Department that an application by the person in question for residence in the State based on EU Treaty Rights was received on 2 March 2009. While this application is pending the person in question should report to their local Immigration Registration Officer who may provide a Stamp 4 permission in their passport. This permission will be valid strictly for the period of their EU Treaty Rights application and expires on 2 September 2009. A letter to this effect has issued to the applicant.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 153: To ask the Minister for Justice, Equality and Law Reform the status of an application for residency and family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [13991/09]

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 granted Refugee status and made a Family Reunification/Permission to Remain application in respect of her husband in April 2007. This application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation is completed and the Commissioner has forwarded a report to my Department. This application will be considered by my Department and a decision will issue in due course. At the present time Family Reunification applications are taking approximately 24 months to process.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 154: To ask the Minister for Justice, Equality and Law Reform the status of an application for residency in the case of persons (details supplied) in County Clare; and if he will make a statement on the matter. [13992/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The first person concerned arrived in the State on 11 June 2002 and applied for asylum on 28 June 2002. Her 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 13 June 2003, 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.

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 representations submitted on her behalf by her legal representative. On 10 September 2003, my predecessor signed a Deportation Order in respect of the person concerned. Notice of this Order was served by registered letter dated 30 October 2003 requiring the person concerned to present herself at Ennis Garda Station, Ennis, County Clare on Thursday 6 November 2003 in order to make arrangements for her removal from the State. The person concerned initially presented as required and was given three further presentation dates which she kept. She last presented on 13 January 2004. She has not presented since that date and is now classified as evading her deportation. Should she come to the notice of the Gardaí, she would be liable to arrest and detention. She should, therefore, present herself to the GNIB without any further delay.

I am satisfied that the applications made by the person concerned for asylum and for leave to remain temporarily in the State were fairly and comprehensively examined and, as such, the decision to deport her 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 Garda National Immigration Bureau.

The second person concerned arrived in the State on 21 October 2001 and applied for asylum on 22 October 2001. Her 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 30 October 2002, 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.

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 representations submitted on her behalf by her legal representative. On 10 September 2003, my predecessor signed a Deportation Order in respect of the person concerned. Notice of this Order was served by registered letter dated 30 October 2003 requiring the person concerned to present herself at Ennis Garda Station, Ennis, County Clare on Thursday 6 November 2003 in order to make arrangements for her removal from the State. The person concerned initially presented as required and was given three further presentation dates which she kept. She last presented on 13 January 2004. She has not presented since that date and is now classified as evading her deportation. Should she come to the notice of the Gardaí, she would be liable to arrest and detention. She should, therefore, present herself to the GNIB without any further delay.

By correspondence dated 16 January 2007, an application for Subsidiary Protection was made on behalf of the person concerned by her legal representative. Following consideration of the information submitted, the application was refused. The legal representative of the person concerned was notified of this decision by letter dated 5 February 2007. I am satisfied that the applications made by the person concerned for asylum and for leave to remain temporarily in the State were fairly and comprehensively examined and, as such, the decision to deport her 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 Garda National Immigration Bureau. If an application for asylum has been made by the third 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 155: To ask the Minister for Justice, Equality and Law Reform the status of an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [13993/09]

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 156: To ask the Minister for Justice, Equality and Law Reform the status of an application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [13994/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 9 November 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 12 May 2006, 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 from the person concerned.

The person concerned has also submitted an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006) 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 157: To ask the Minister for Justice, Equality and Law Reform the position in regard to an application for residency and family reunification in the case of persons (details supplied); and if he will make a statement on the matter. [13995/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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There are currently no applications pending in my Department for residency or family reunification in the cases of the persons whose details were supplied. If an application for asylum has been made by the persons concerned the Deputy will of course be aware that it is not the practice to comment on asylum applications that are pending.

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