Written answers

Tuesday, 7 July 2009

Department of Justice, Equality and Law Reform

Asylum Applications

12:00 pm

Photo of Tom HayesTom Hayes (Tipperary South, Fine Gael)
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Question 329: To ask the Minister for Justice, Equality and Law Reform the position in the case of persons (details supplied) in County Tipperary; and if they will be allowed to remain in the State. [27220/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The persons concerned arrived in the State on various dates and applied for asylum. Their applications were refused following consideration of their cases 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 persons concerned were informed in writing that the Minister proposed to make Deportation Orders in respect of them. The persons concerned were 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 i.e. why they should not be deported.

The persons concerned were notified of their entitlement to apply for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006. Subsequently applications for Subsidiary Protection were made on behalf of the persons concerned by their legal representative. Following consideration of the information submitted, the applications were refused. The persons concerned and their legal representative were notified of this decision in writing.

Their cases were then examined 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. Consideration was given to representations submitted on their behalf by their legal representative for permission to remain in the State. On 27 May 2009, I refused permission to remain temporarily in the State and instead signed Deportation Orders in respect of the persons concerned. Notice of these orders were served by registered post which oblige the persons concerned to leave the State. To this end the persons concerned are required to present themselves at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on Tuesday 30 June 2009 in order to make travel arrangements for their removal from the State.

I am satisfied that the applications made by the persons concerned, for temporary leave to remain in the State and for Subsidiary Protection, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport them is justified. The effect of the Deportation Orders is that the persons concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Orders is, and remains, an operational matter for the GNIB.

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