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 699: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [31114/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I wish to inform the Deputy that the person concerned was granted permission to remain in the State in July 1999 under the arrangements then in place for the non-EEA parents of Irish citizen children. The permission granted was for an initial period of twelve months. The most recent renewal of the permission to remain granted to the person in question expired on 1 September, 2008 and the renewal of same is a matter for the Garda National Immigration Bureau, 13/14 Burgh Quay, Dublin 2.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 700: To ask the Minister for Justice, Equality and Law Reform the position regarding 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. [31115/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 3 August 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 30 March 2007, 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 a Deportation Order should not be made against him. In addition, he was notified of his 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 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. Any 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 701: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [31116/09]

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 wrote to the person in question on 7 July 2009 and 29 July 2009 requesting further information and documentation. To date this information and documentation has not been received.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 703: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [31118/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned, accompanied by her then infant son, applied for asylum on 19 September 2003. 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.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 24 June 2005, 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 not have Deportation Orders made against them. Representations were received from the person concerned at that time.

Following consideration of the cases of the person concerned and her child, 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, Deportation Orders were signed by the Minister on 25 January 2006 in respect of the person concerned and her child. These Orders were formally served by registered post dated 7 February 2006.

Further representations were subsequently received on behalf of the person concerned and these were duly considered following which the Minister decided to affirm the Deportation Orders in respect of the person concerned and her son. This position was communicated to the person concerned by letter dated 4 April 2007. The person concerned also sought to be re-admitted to the asylum process in accordance with the provisions of Section 17(7) of the Refugee Act 1996 (as amended). Following consideration of this application, the application was refused and this refusal decision was conveyed in writing to the person concerned by letter dated 12 March 2007.

The person concerned subsequently sought to be enabled to submit 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). Following consideration of this request, a decision was taken to permit the person concerned to lodge such an application, a position conveyed to the person concerned by letter dated 18 October 2007. The person concerned has submitted an application for Subsidiary Protection in the State, on behalf of herself and her child, 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.

The person concerned, and her child, remain the subject of Deportation Orders. However, the Deputy can be assured that no steps will be taken to enforce these Orders pending the determination of the application for Subsidiary Protection in the State. In the meantime, however, the person concerned must comply with any reporting requirements placed on her by the Garda National Immigration Bureau (GNIB).

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 704: To ask the Minister for Justice, Equality and Law Reform the position regarding 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. [31119/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I wish to inform the Deputy that permission to remain in the State was granted to the person concerned under the IBC/05 Scheme during 2005. This permission was renewed in May 2007 and is currently valid until 23 May, 2010.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 705: To ask the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31120/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I wish to inform the Deputy that the mother of the person in question has permission to remain in the State, under the IBC/05 Scheme, until 21 January, 2010. Following an application received from the person concerned, she was granted permission to remain in the State in line with that granted to her mother, and was informed of that decision in April 2008.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 706: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [31121/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned has been granted temporary Leave to Remain in the State for a one year period to 23 July 2010. This decision was conveyed to the person concerned by letter dated 23 July 2009.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 707: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [31122/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned has been granted temporary Leave to Remain in the State for a one year period to 16 June 2010. This decision was conveyed to the person concerned by letter dated 17 June 2009.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 708: To ask the Minister for Justice, Equality and Law Reform the position of an application for leave to remain in the State in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [31123/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Immigration Services Section of the Irish Naturalisation and Immigration Service (INIS) informs me that a letter issued on 31 August 2009 to the person in question granting her permission to remain in the State on the basis of her marriage to an Irish national for an initial period of twelve months. This permission becomes operative when the applicant registers with the Garda National Immigration Bureau.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 709: 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. [31124/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 4 September 2007. 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 the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 14 October 2008, 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. 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 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. Any 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.

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