Written answers

Thursday, 25 June 2009

Department of Justice, Equality and Law Reform

Residency Permits

7:00 pm

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 progress in regard to the application for refugee or residency status in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [25592/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 21 June 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 12 March 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 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 (SI 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 147: To ask the Minister for Justice, Equality and Law Reform the progress in regard to the application for residency on the grounds of subsidiary protection in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [25593/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The application of the person concerned is registered at the appeal stage of the asylum process. You will be aware that information in relation to any applicant (other than to a duly authorised Legal Representative) can be issued by the Refugee Appeals Tribunal only with the written approval of the applicant.

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 if long-term residency will be awarded on humanitarian grounds in the case of persons (details supplied) in Dublin 22; and if he will make a statement on the matter. [25594/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The first named person concerned applied for asylum on 22 March 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 first named person concerned was informed, by letter dated 31 March 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 first named person concerned and will be fully considered before the file is passed to me for decision.

The second named person concerned, the wife of the first named person concerned, applied for asylum on 22 February 2006. Her 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 second named person concerned was informed, by letter dated 9 November 2006, 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).

The second named 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 second named 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 second named 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 second named person concerned will be 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 if he has received the application for long-term residency in the case of persons (details supplied) in County Cork; and if he will make a statement on the matter. [25595/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Officials in the Long Term Residency Section of my Department inform me that there is no record of an application from the persons referred to in the Deputy's Question.

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