Written answers
Wednesday, 6 May 2009
Department of Justice, Equality and Law Reform
Residency Permits
8:00 pm
Bernard Durkan (Kildare North, Fine Gael)
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Question 325: To ask the Minister for Justice, Equality and Law Reform the position in regard to 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. [17490/09]
Dermot Ahern (Louth, Fianna Fail)
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The people concerned, a husband, wife and two children, arrived in the State on 20 January 2005. The husband and wife made separate applications for asylum on 24 January 2005 while the two children were included in their mother's asylum application. The asylum applications were refused following the separate consideration of their cases by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. The wife of the person concerned initiated Judicial Review Proceedings in the High Court, on behalf of her two children, challenging the decision of the Refugee Appeals Tribunal in her case. The High Court refused the Judicial Review Leave Application with the consequence that the earlier decision of the Refugee Appeals Tribunal stood.
Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the persons concerned were informed, by separate letters dated 30 March 2009, that the Minister proposed to make Deportation Orders in respect of them and their two children. They were each 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 they and their two children should be allowed to remain temporarily in the State. In addition, they were notified of their 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 people concerned have submitted applications for Subsidiary Protection in the State in accordance with these Regulations and these applications are under consideration at present. When the consideration of these applications have been completed, the people concerned will be notified in writing of the outcomes. In the event that the applications for Subsidiary Protection are refused, the case files of the persons 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 these latter considerations have been completed, the case files of the persons concerned are passed to me for decision.
Bernard Durkan (Kildare North, Fine Gael)
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Question 326: To ask the Minister for Justice, Equality and Law Reform the position in regard to an application for residency in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [17491/09]
Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 20 May 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 24 April 2008, 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 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.
Bernard Durkan (Kildare North, Fine Gael)
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Question 327: To ask the Minister for Justice, Equality and Law Reform the position in regard to an application for residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [17492/09]
Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to the reply given to his Question No. 89 of Thursday, 9 April 2009. The status of the person concerned is as set out in that reply.
Bernard Durkan (Kildare North, Fine Gael)
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Question 328: 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 a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [17493/09]
Dermot Ahern (Louth, Fianna Fail)
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The person in question has been advised in writing by my Department to submit visa applications on behalf of their children for consideration to the appropriate Irish Embassy or Consulate. As the Irish Embassy in Pretoria, South Africa processes visa applications for the Democratic Republic of Congo, the visa applications must be made on-line and the relevant documentation submitted there. The postal address for the Irish Embassy in South Africa is: First Floor, Southern Life Plaza, 1059 Schoeman Street (Corner Festival Street), Arcadia 0083, Pretoria. Further contact details for the Irish Embassy in Pretoria may be found at www.embassyireland.org.za. Comprehensive information on making a visa application is available on the Irish Naturalisation and Immigration Service website, www.inis.gov.ie. An application for residency in the State should be made on behalf of the children concerned when they have arrived in the State.
Bernard Durkan (Kildare North, Fine Gael)
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Question 329: 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 a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [17494/09]
Dermot 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 application in respect of his wife in September 2008. 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.
Bernard Durkan (Kildare North, Fine Gael)
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Question 330: To ask the Minister for Justice, Equality and Law Reform the position in regard to an application for residency in the case of persons (details supplied) in Dublin 22; and if he will make a statement on the matter. [17495/09]
Dermot Ahern (Louth, Fianna Fail)
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The person concerned has been granted leave to remain in the State for a three-year period to 17 September 2010. This decision was conveyed to the person concerned by letter dated 17 September 2007. The Deputy's question refers to two separate asylum application reference numbers. The Deputy should note that only the second reference number mentioned refers to the person concerned. My Department has no record of the first reference number mentioned in the Deputy's question.
Bernard Durkan (Kildare North, Fine Gael)
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Question 331: To ask the Minister for Justice, Equality and Law Reform the position in the case of persons (details supplied) in County Cork; and if he will make a statement on the matter. [17496/09]
Dermot Ahern (Louth, Fianna Fail)
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There is no application pending in my Department for residency in the case of the people whose details were supplied. If an application for asylum has been made by any of the people concerned, the Deputy will be aware that it is not the practice to comment on asylum applications that are pending.
Bernard Durkan (Kildare North, Fine Gael)
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Question 332: To ask the Minister for Justice, Equality and Law Reform the position in regard to the application for residency in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [17497/09]
Dermot Ahern (Louth, Fianna Fail)
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I am informed by the Immigration Division of my Department that no application for residence has been received to date from the person referred to by the Deputy. However, the person's legal representative indicated in correspondence that his client intended to apply for residence in the State on the basis of his marriage to a French national. A form EU1 was issued to the person in question's legal representative on 3 March 2009.
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