Written answers

Thursday, 9 July 2009

Department of Justice, Equality and Law Reform

Residency Permits

12:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 514: To ask the Minister for Justice, Equality and Law Reform the position in relation to residency in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [29506/09]

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 an application for residency in January 2009. The General Immigration 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 515: To ask the Minister for Justice, Equality and Law Reform the position in relation to the citizenship application in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [29507/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Officials in the Citizenship Division of my Department inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's Question.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 516: To ask the Minister for Justice, Equality and Law Reform the position in relation to citizenship or family reunification in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [29508/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) that an application was received in the General Immigration Division on 29 July 2008. Permission to remain was granted for a period of one year on Stamp 4 conditions to the person referred to in the Deputy's question on the 11th September 2008. I have also been informed by officials in the Citizenship Division and Family Reunification Division of INIS that there is no record of an application being received from the person referred to in the Deputy's Question.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 517: To ask the Minister for Justice, Equality and Law Reform the procedure to be followed in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [29509/09]

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 an application for residency in October 2008. The General Immigration 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 518: To ask the Minister for Justice, Equality and Law Reform the position in relation to the application for residency in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [29510/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person referred to by the Deputy applied for Asylum on 28/10/2004. The claim was assessed by the Refugee Applications Commissioner who concluded that the person concerned did not meet the criteria for recognition as a refugee. The Commissioner's recommendation was communicated to her by letter dated 13/06/2005. This communication advised the person of her entitlement to appeal the Commissioner's recommendation to the Refugee Appeals Tribunal, which she duly did.

The Refugee Appeals Tribunal considered the person's appeal, following which the Tribunal affirmed the Commissioner's earlier recommendation to reject her claim. The outcome of the appeal was made known to the applicant by letter dated 31/08/2005. The applicant initiated Judicial Review Proceedings against the Refugee Appeals Tribunal. The applicant was permitted to have a fresh hearing before a different Member of the Tribunal. Her case was re heard and the Tribunal again affirmed the Commissioner's earlier recommendation to reject her claim. The outcome of the appeal was made known to the applicant by letter dated 25/06/09.

In accordance with normal procedures, the applicant's file has been forwarded to my Department's Ministerial Decisions Unit for final processing of the Asylum claim. A letter will issue to her from my Department formally advising her that her asylum claim has been rejected and affording her three options as follows: return home voluntarily; consent to the making of a deportation order; or make written representations to me within 15 working days for temporary leave to remain in the State and/or make an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 (SI No. 518 of 2006).

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 519: To ask the Minister for Justice, Equality and Law Reform the position in relation to the application for family reunification in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [29511/09]

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 referred to made a Family Reunification application on behalf of her husband in February 2008. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. The investigation has been completed and the Commissioner has forwarded a report to INIS. The report will be considered by INIS and a decision on the application will issue in due course. Applications are currently taking approximately 24 months.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 520: To ask the Minister for Justice, Equality and Law Reform the position in relation to the application for residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [29512/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 950 of Wednesday 24 September 2008 and the written Reply to that Question. The person concerned applied for asylum on 20 May 2002. 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 23 April 2003, 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 received on behalf of the 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 521: To ask the Minister for Justice, Equality and Law Reform the position in relation to residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [29513/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) that an application for a change of status was received from the person referred to by the Deputy on 21 April 2009. I am advised that applications from June 2008 are currently being dealt with. As soon as a decision is made on the case, the person concerned will be notified.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 522: To ask the Minister for Justice, Equality and Law Reform the position in relation to the residency application of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [29514/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person referred to by the Deputy applied for Asylum on 27/11/2002. The claim was assessed by the Refugee Applications Commissioner who concluded that the person concerned did not meet the criteria for recognition as a refugee. The Commissioner's recommendation was communicated to him by letter dated 09/05/2003. This communication advised the person of his entitlement to appeal the Commissioner's recommendation to the Refugee Appeals Tribunal, which he duly did.

The Refugee Appeals Tribunal considered the person's appeal, following which the Tribunal affirmed the Commissioner's earlier recommendation to reject his claim. The outcome of the appeal was made known to the applicant by letter dated 29/01/2004. In accordance with normal procedures, the applicant's file was forwarded to my Department's Ministerial Decisions Unit for final processing of his Asylum claim. A letter was issued to him from my Department on 25/05/2004 advising him formally that his asylum claim had been rejected and affording him three options as follows: return home voluntarily; consent to the making of a deportation order; or make written representations to me within 15 working days for temporary leave to remain in the State.

The applicant applied to the Minister under Section 17(7) of the Refugee Act 1996, as amended, to be re admitted to the asylum process. After consideration of the applicant's case he was readmitted to the process and was informed by the Office of the Refugee Applications Commissioner to attend their office for readmittance to the asylum process. The applicant duly attended.

The claim was assessed by the Refugee Applications Commissioner who concluded that the person concerned did not meet the criteria for recognition as a refugee. The Commissioner's recommendation was communicated to him by letter dated 19/07/2006. This communication advised the person of his entitlement to appeal the Commissioner's recommendation to the Refugee Appeals Tribunal, which he duly did.

The Refugee Appeals Tribunal considered the person's appeal, following which the Tribunal affirmed the Commissioner's earlier recommendation to reject his claim. The outcome of the appeal was made known to the applicant by letter dated 19/06/2009. In accordance with normal procedures, the applicant's file was forwarded to my Department's Ministerial Decisions Unit for final processing of his Asylum claim. A letter will issue to him from my Department advising him formally that his asylum claim has been rejected and affording him three options as follows: return home voluntarily, consent to the making of a deportation order; or make written representations to me within 15 working days for temporary leave to remain in the State and/or make an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 (SI No. 518 of 2006).

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