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 159: To ask the Minister for Justice, Equality and Law Reform the progress to date in the case of residency in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [13997/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 1016 of Wednesday, 24 September, 2008 and the written Reply to that Question. The person concerned applied for asylum on 18 December 2001. 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 8 January 2003, 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 have been submitted on behalf of the person concerned and these representations will be fully 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, before the file 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 13 February 2006 and, as such, was received much too late for consideration. The person concerned was made aware of the non-acceptance of his IBC/05 application by letter dated 16 February 2006.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 160: To ask the Minister for Justice, Equality and Law Reform the current or expected position in the matter of residency and family reunification in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [13998/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my answer to his previous Parliamentary Questions, i.e., No. 1027 of 26th September 2007, No. 208 of 21st February 2008, No. 188 of 28th February 2008 and No.144 of 13th November 2008. I am informed by the Immigration Division of my Department that the person referred to by the Deputy made an application for family reunification in January 2006. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation has been completed and the Commissioner has forwarded a report to my Department. My Department has recently contacted the person in question in relation to the application.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 161: To ask the Minister for Justice, Equality and Law Reform if it is expected to grant permission to remain and family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [13999/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I have been informed by the Irish Naturalisation and Immigration Service that they have been in touch with the person mentioned by the Deputy. On receipt of the documentation requested, the application will be further processed.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 162: To ask the Minister for Justice, Equality and Law Reform the procedures to be followed in the matter of a satisfactory solution in the case of residency for persons (details supplied) in County Kildare; and if he will make a statement on the matter. [14000/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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My Department has no record of having received an application for residency from the persons to whom the Deputy refers. The persons in question are advised to write to my Department at 13/14 Burgh Quay, Dublin 2, setting out the basis on which they wish to be considered for permission to remain in the State. Any such correspondence, when received, will be considered by the relevant officials and the persons concerned will be contacted directly and notified of any decisions made.

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