Written answers

Wednesday, 6 May 2009

Department of Justice, Equality and Law Reform

Asylum Applications

8:00 pm

Photo of Bernard AllenBernard Allen (Cork North Central, Fine Gael)
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Question 367: To ask the Minister for Justice, Equality and Law Reform when a decision will be made on the application submitted in 2005 by a person (details supplied) in County Cork. [17795/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 15 February 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 21 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 did not submit an application for Subsidiary Protection in the State in accordance with these Regulations nor has he, to date, submitted written representations as to why he should be permitted to remain temporarily in the State. 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.

The case file of the person concerned now falls to 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 file is passed to me for decision. The Deputy should note that the case of the person concerned could not be further processed while the Judicial Review Proceedings referred to were ongoing. Given that the High Court Judgment was delivered on 18 December 2008, it is not true to say that the residency application of the person concerned has been outstanding since 2005.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 369: To ask the Minister for Justice, Equality and Law Reform the position regarding the application for leave to remain in the State on humanitarian grounds or residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [17814/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 3 April 2006. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner. The person concerned was advised of her entitlement to appeal this determination to the Refugee Appeals Tribunal but she did not do so.

Subsequently, in accordance with section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 16 August 2007, 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 why 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). Representations were submitted on behalf of the person concerned at that time. No application for Subsidiary Protection has been submitted on behalf of the person concerned.

The case file of the person concerned, including all representations submitted, now falls to 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.

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