Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 297: To ask the Minister for Justice, Equality and Law Reform the current or expected status regarding the application for family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [20201/09]

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

I wish to inform the Deputy that my Department has no record of receiving a family reunification application in relation to the person stated. The person in question has been resident in the State since January of 2004 and has been granted permission to remain until 13th November, 2009 as a dependant of a parent granted status under the IBC/05 Scheme. I should point out that family reunification is not permitted under the IBC/05 scheme.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 298: To ask the Minister for Justice, Equality and Law Reform the position in relation to the application for residency in the case of a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [20202/09]

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

The person concerned applied for asylum on 15 December 2003. 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 18 July 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.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 299: To ask the Minister for Justice, Equality and Law Reform the position in relation to the application for residency in the case of a person (details supplied) in Dublin 10 and the application for leave to remain by their spouse; and if he will make a statement on the matter. [20203/09]

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

The person concerned was admitted to the State on a Family Reunification visa in 2002, to join his father. This has allowed the person concerned to reside legally in the State since that time. However, as he is not a person who has been granted the status of refugee in his own right, it is not open to him to apply for Family Reunification in respect of another family member.

The Deputy might wish to note that applications for Leave to Remain in the State can only be made by persons who have been notified, in accordance with Section 3 of the Immigration Act, 1999 (as amended), that the Minister proposes to make a Deportation Order in respect of them. As a person who has never received such a notification, the spouse of the person concerned could not have made an application for leave to remain in this State in accordance with the provisions of the Immigration Act, 1999 (as amended).