Written answers

Thursday, 9 April 2009

Department of Justice, Equality and Law Reform

Asylum Applications

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 77: To ask the Minister for Justice, Equality and Law Reform the current or expected status in the case of a person (details supplied) in County Mayo; if they will be transferred to self-catering accommodation in view of their medical needs; and if he will make a statement on the matter. [15061/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Question No. 364 of Tuesday, 21 October 2008 and the written reply to that question. The person concerned applied for asylum on 3 March 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 13 April 2007, 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 he should be allowed to remain temporarily in the State. In addition, he was notified of his 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 submitted an application for subsidiary protection in the State in accordance with these regulations. This application is under consideration. When consideration of this application has been completed, the person will be notified in writing of the outcome.

If the subsidiary protection application is refused, the case file of the person concerned, including all representations submitted, will 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 file will be passed to me for decision. In relation to the second part of the Deputy's question, the Reception and Integration Agency is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision and dispersal. The person concerned and his family are availing of accommodation at the Old Convent Accommodation Centre, Ballyhaunis, County Mayo. The agency previously received requests for transfer to self-catering accommodation for this family and found that there were insufficient grounds to support such a transfer. The family continues to be provided with accommodation by the agency in accordance with the direct provision policy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 78: To ask the Minister for Justice, Equality and Law Reform the current or expected status in the case of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [15062/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Question No. 125 of Thursday, 23 October 2008 and the written reply to that question. An asylum application was submitted on behalf of the person concerned, an infant child born in mid-2007, on 20 November 2007. This 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 21 May 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 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). An application for subsidiary protection in the State has been submitted on behalf of the person concerned. This application is under consideration. When consideration of this application has been completed, the person will be notified in writing of the outcome. If the subsidiary protection application is refused, the case file of the person, 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 will be passed to me for decision.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 79: To ask the Minister for Justice, Equality and Law Reform the current or expected status in the case of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [15063/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Question No. 124 of Thursday, 23 October 2008 and the written reply to that question. The person concerned arrived in the State on 15 April 2005 and applied for asylum. The second reference number refers to the child of the person who was born in the State later that year and is included as a child dependant on her mother's asylum claim. The asylum application of the person concerned 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 20 April 2007, 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 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 submitted an application for subsidiary protection in the State in accordance with these regulations. This application is under consideration. When consideration of this application has been completed, the person will be notified in writing of the outcome.

The person concerned also claimed asylum in the United Kingdom on 9 May 2007. In accordance with the provisions of the Dublin II Regulations, the UK requested that Ireland agree to the return of the person concerned to this State as the person was in the UK without permission and having regard for the fact that Ireland was the Dublin II regulation state responsible for examining the asylum application of the person concerned. The person, accompanied by her dependant child, was returned to this State. The application for subsidiary protection in the State submitted by the person will now be examined. If the subsidiary protection application is refused, the case file of the person, including all representations submitted, will 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 will be passed to me for decision. The Deputy might wish to note that any decision made in relation to the person concerned will apply equally to the dependant child referred to in his question.

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