Written answers

Thursday, 2 July 2009

Department of Justice, Equality and Law Reform

Asylum Applications

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 112: To ask the Minister for Justice, Equality and Law Reform if he will review his previous decision in the matter of residency in the case of a person (details supplied) in Dublin 15 on the grounds that the applicant was not fully aware of the requirements and on the basis of a recent submission from legal representatives; and if he will make a statement on the matter. [27012/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Deputy will be aware, from previous Dáil replies in this matter, that the person concerned is awaiting deportation following a comprehensive examination of his asylum claim and of his application to remain temporarily in the State. The Deputy will also be aware that the person concerned evaded his deportation from 30 October 2003 until 21 May 2009 when he began presenting, as required, at the Garda National Immigration Bureau (GNIB). On that occasion he was given a further presentation date which he kept. He is due to present again on Thursday 2 July 2009.

While commencing to comply with his presenting requirements at the GNIB is a step in the right direction, it doesn't alter the fact that the person concerned remains subject to an extant Deportation Order. As stated by me in a previous Reply, Section 3 (11) of the Immigration Act, 1999, as amended, provides the Minister with a power to amend or revoke a Deportation Order. An application seeking to revoke a Deportation Order must set out any new facts or circumstances which have arisen since the original decision to deport was made. Any such application submitted would be considered on its merits, having due regard to all refoulement issues, and following such consideration, a decision would be taken to either affirm or revoke the Order. No representations have been received to date in this regard. The enforcement of the Deportation Order in this case remains an operational matter for the GNIB.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 113: To ask the Minister for Justice, Equality and Law Reform the position in the matter of residency in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [27013/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Questions No. 653 of Tuesday 27 January 2009 and the written Reply to that Question.

The person concerned applied for asylum on 8 April 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 person concerned was informed, by letter dated 9 September 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 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 114: To ask the Minister for Justice, Equality and Law Reform the position in the matter of residency in the case of persons (details supplied) in County Roscommon; and if he will make a statement on the matter. [27014/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person concerned made a Family Reunification application in respect of her husband in April 2008. The Family Reunification Division of INIS has recently been in contact with the person in question requesting further information and documentation. On receipt of that information the application will be processed further.

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