Written answers

Tuesday, 9 June 2009

Department of Justice, Equality and Law Reform

Residency Permits

8:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 393: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 15; when a green card will issue to them; and if he will make a statement on the matter. [22608/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The permission of the person concerned to remain in the State under the revised arrangements for non-EEA parents of children born in Ireland prior to 1st January 2005, known as the IBC/05 Scheme, has been renewed until 2 November 2010. This permission to remain only comes into effect following registration with the Garda National Immigration Bureau. I have arranged for officials within my Department to re-issue the letter informing the person in question of this decision, to the address provided by the Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 394: To ask the Minister for Justice, Equality and Law Reform when a green card will issue in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [22609/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Deputy should note that the person concerned is the daughter and not the wife of the other person referred to in the additional information accompanying his Question. The person concerned was initially included as a child dependant on her father's asylum application which was lodged on 16 April 2003. However, her status in this State was complicated by a subsequent custody battle between her parents which resulted in custody being granted to the child's mother by a Court in another jurisdiction. In light of this complication, an official from my Department will be writing to the person concerned in the coming days in an effort to obtain clarification on custody related and other matters relevant to her position in this State. The position in the State of the person concerned can be considered further upon receipt of this information.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 395: To ask the Minister for Justice, Equality and Law Reform the current or expected position in relation to the application for residency in the case of person (details supplied) in Dublin 15; and if he will make a statement on the matter. [22610/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 170 of Thursday, 13 November 2008, and the written Reply to that Question. The person concerned applied for asylum on 14 July 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 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 were received from the person concerned at that time.

The person concerned has also submitted an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006) 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 396: To ask the Minister for Justice, Equality and Law Reform when a stamp four will issue to a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [22611/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The permission of the person concerned to remain in the State under the revised arrangements for non-EEU parents of children born in Ireland prior to 1st January 2005, known as the IBC/05 Scheme, has been renewed until 10 August 2010. This permission to remain only comes into effect following registration with the Garda National Immigration Bureau.

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