Written answers

Tuesday, 30 June 2009

Department of Justice, Equality and Law Reform

Asylum Applications

11:00 pm

Photo of Mary O'RourkeMary O'Rourke (Longford-Westmeath, Fianna Fail)
Link to this: Individually | In context

Question 289: To ask the Minister for Justice, Equality and Law Reform if he will review the case of a person (details supplied) in County Westmeath. [25839/09]

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

The person concerned and her two children applied for asylum on 6 April 2005. The two children were included on their mother's asylum application. 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 person concerned was informed, by letter dated 30 May 2007, that the Minister proposed to make Deportation Orders in respect of her and her children. She was 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 why she and her 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).

On the 1 August 2007, an application was made on behalf person concerned requesting that she be re-admitted to the asylum process in accordance with the provisions of Section 17 (7) of the Refugee Act 1996 (as amended). Following consideration of this application, the application was refused and this decision was conveyed by letter dated 16 March 2009 to the legal representative of the person concerned.

The person concerned has submitted an application for Subsidiary Protection in the State 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 will be passed to me for decision.

Photo of Mary O'RourkeMary O'Rourke (Longford-Westmeath, Fianna Fail)
Link to this: Individually | In context

Question 290: To ask the Minister for Justice, Equality and Law Reform if he will review the case of persons (details supplied) in County Cork; the position with regard to each case. [25840/09]

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

I refer the Deputy to Parliamentary Question No. 174 of Tuesday, 7 April 2009, and the written Reply to that Question.

The first named person concerned arrived in the State on 22 January 2003 and applied for asylum. 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 9 December 2004, 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 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.

The second named person concerned arrived in the State on 20 May 2005 and applied for asylum. 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 26 April 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. Representations were submitted by the second named person concerned at that time.

The second named 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 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 is passed to me for decision.

Photo of Michael NoonanMichael Noonan (Limerick East, Fine Gael)
Link to this: Individually | In context

Question 291: To ask the Minister for Justice, Equality and Law Reform the residency status of a person (details supplied) in County Limerick; if, in view of their background, he will reconsider their application for political asylum; and if he will make a statement on the matter. [25849/09]

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

The person concerned applied for asylum on 2 September 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 31 May 2007, 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 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 of the person concerned is passed to me for decision.

Comments

No comments

Log in or join to post a public comment.