Mary O'Rourke (Longford-Westmeath, Fianna Fail)
Link to this: Individually | In context

Question 159: To ask the Minister for Justice, Equality and Law Reform if he will review the case of persons (details supplied) in County Westmeath who seek leave to remain here on humanitarian grounds. [16832/09]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The first named person concerned applied for asylum on 1 March 2004. 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 first named person concerned was informed, by letter dated 13 September 2005, 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 first named person concerned.

By letter dated 22 January 2008, the first named person concerned was notified that he could, if he so wished, submit an application for Subsidiary Protection in the State. He was also invited to update his earlier representations to the Minister. He was requested to respond within 15 working days. Updated representations have been submitted on behalf of the first named person concerned. An application for Subsidiary Protection in the State has also been submitted on behalf of the first named person concerned and this application is currently under consideration in my Department. When this consideration has been completed, the first named person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is unsuccessful, the case file of the first named 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 overall consideration has been completed, the case file is passed to me for decision.

In relation to the second named person concerned, the position is that if an application for asylum has been made by the person in question, the Deputy will be aware that it is not the practice to comment on asylum applications that are pending.