Written answers

Wednesday, 16 September 2009

Department of Justice, Equality and Law Reform

Residency Permits

9:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 676: To ask the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31091/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 5 March 2004. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of her asylum application, and in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 30 November 2005, 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 a Deportation Order should not be made against her. Representations were submitted on behalf of the person concerned at that time.

The person concerned was later notified, by letter dated 19 February 2008, of her entitlement to make 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). She was also invited to update her earlier representations to the Minister. Updated representations have been received on behalf of the person concerned as has an application for Subsidiary Protection in the State. The application for Subsidiary Protection 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 application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 677: To ask the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [31092/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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There is currently no application pending in my Department for residency in the case of the person whose details were supplied. If an application for asylum has been made by the person concerned, the Deputy should note that it is not the practice to comment in detail on individual asylum applications.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 678: To ask the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [31093/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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There is currently no application pending in my Department for residency in the case of the person whose details were supplied. If an application for asylum has been made by the person concerned, the Deputy should note that it is not the practice to comment in detail on individual asylum applications.

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