Michael Creed (Cork North West, Fine Gael)
Link to this: Individually | In context

Question 198: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for asylum by persons (details supplied); when a final decision can be expected in respect of this case; and if he will make a statement on the matter. [26710/09]

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

The first named person concerned applied for asylum in the State on 03 March 2008. She subsequently gave birth to the second named person concerned. This child was included in her mother's application for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by 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 March 2009, that the Minister proposed to make Deportation Orders in respect of her and her child. 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 child 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 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 will be passed to me for decision.

Michael Creed (Cork North West, Fine Gael)
Link to this: Individually | In context

Question 199: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for political asylum by persons (details supplied) in County Cork; when a final decision can be expected in this case; and if he will make a statement on the matter. [26711/09]

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

The first and second named persons concerned, a husband and wife, arrived in the State on 21 October 2008 and applied for asylum. Their respective asylum applications were refused following the individual consideration of their cases by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

The third named person concerned is the infant son of the first and second named persons concerned. On 11 November 2008 an application for asylum was made for the third named person concerned. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), all of the persons concerned were informed, by separate letters dated 22 June 2009, that the Minister proposed to make Deportation Orders in respect of them. They were each 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 they should be allowed to remain temporarily in the State. In addition, they were each notified of their 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). To date no response has been received in my Department to these letters.

The 15 day period referred to in my Department's letter of 22 June 2009, expires on 14 July 2009. It is open to the persons concerned to make representations and/or apply for subsidiary protection within that period. In any event, a final decision on the cases will not be made prior to the expiry date above.

Michael Creed (Cork North West, Fine Gael)
Link to this: Individually | In context

Question 200: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for political asylum by persons (details supplied) in County Cork; if he will look favourably on this application; and if he will make a statement on the matter. [26712/09]

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

If an asylum application has been made in respect of the first named person, the Deputy should note that it is not the practice to comment on asylum applications that are pending.

The second named person accompanied by, her daughters, the third and fourth named persons, applied for asylum in the State on 14 February, 2007. Her daughters were included in her application for asylum. The asylum application of the second named person was refused following consideration of her case by the Office of the Refugee Applications Commissioner. The person concerned lodged an appeal to the Refugee Appeals Tribunal. Judicial Review Proceedings in the High Court were then initiated challenging the determination of the Office of the Refugee Applications Commissioner that she not be declared a refugee. However, she later withdrew both the Judicial Review Proceedings and her appeal to the Refugee Appeals Tribunal.

Subsequently, the second named person was notified in accordance with Section 3 of the Immigration Act, 1999 (as amended) by letter dated 12 March, 2009, that the Minister proposed to make Deportation Orders in respect of her and her two daughters. 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 two daughters 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 have been received on behalf of the second named person, and her two daughters and will be fully considered before the file is passed to me for decision.

The fifth and sixth named persons are twin sons of the first and second named persons. They were born in the State on 29 June, 2007. The fifth and sixth named persons were notified by separate letters dated 6 May, 2009 that, as persons who had no legal entitlement to be in the State, the Minister proposed to make Deportation Orders in respect of them in accordance with Section 3 of the Immigration Act, 1999 (as amended). They were each 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 they should be allowed to remain temporarily in the State. Separate representations have been received on behalf of both persons concerned and will be fully considered before the files are passed to me for decision.