Written answers

Thursday, 30 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 143: To ask the Minister for Justice, Equality and Law Reform the position regarding the application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [17321/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 29 June 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 10 November 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. 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 concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and, following consideration of this application, it was determined that the person concerned was not eligible for Subsidiary Protection in the State. The person concerned was notified of this decision by letter dated 12 May 2008.

The case file of the person concerned now falls to be considered in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended). All representations submitted by, and on behalf of, the person concerned 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 overall 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 144: To ask the Minister for Justice, Equality and Law Reform the position regarding the application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [17322/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 11 July 2005 and applied for asylum on 11 October 2005. She gave birth to a child in the State in late 2005 and this child was included in her mother's asylum application. Her asylum application was refused following consideration of her 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 31 August 2006, 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 why she and her child 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.

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 the position regarding the application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [17323/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 11 September 2007. 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 9 February 2009, 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. 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 concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations 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 is passed to me for decision.

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 the application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [17324/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 20 December 2004. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

The person concerned has initiated Judicial Review proceedings, challenging the decision of the Refugee Appeals Tribunal in her case. As these proceedings are ongoing, it would not be appropriate for me to comment further at this time.

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 position regarding the application for residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [17325/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 847 of Thursday, 10 July 2008 and the written Reply to that Question.

The person concerned arrived in the State on 20 May 2003 and applied for asylum. 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 16 May 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 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.

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 position regarding the application for subsidiary protection in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [17326/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 11 November 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 person concerned was informed, by letter dated 12 February 2009, 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. 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 concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations 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 is passed to me for decision.

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 regarding residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [17327/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 26 November 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 person concerned was informed, by letter dated 25 August 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 submitted on behalf of the person concerned at that time.

The person concerned initiated Judicial Review Proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in his case. The High Court refused the Judicial Review Leave Application with the consequence that the earlier decisions of the Refugee Appeals Tribunal and the Minister stood.

By letter dated 21 January 2009, the person concerned was notified that he could submit an application for Subsidiary Protection in the State. He was also invited to update his earlier representations to the Minister. He was advised to respond within 15 working days. Updated representations were submitted on behalf of the person concerned as was an application for Subsidiary Protection in the State.

The application for Subsidiary Protection is under consideration at present. When this consideration has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection 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 file is passed to me for decision.

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 position regarding residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [17328/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 4 January 2006. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

The person concerned has initiated Judicial Review proceedings, challenging the decision of the Refugee Appeals Tribunal in her case. As these proceedings are ongoing, it would not be appropriate for me to comment further at this time.

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 position regarding residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [17329/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Questions No. 953 of Wednesday, 24 September 2008, and No. 855 of Thursday, 10 July 2008, and the written Replies to those Questions. The person concerned applied for asylum on 30 January 2006. 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 9 November 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. 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 concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations 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 152: To ask the Minister for Justice, Equality and Law Reform the position regarding residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [17330/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 3 February 2006. 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 February 2009, 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. 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 concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations 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 is passed to me for decision.

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