Written answers

Tuesday, 22 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 233: To ask the Minister for Justice, Equality and Law Reform the progress to date of a residency application in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [32588/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 20 September 2006. Following investigation by the Office of the Refugee Applications Commissioner, it was established that the person concerned had previously made an asylum application in Germany and, as such, a determination was made, in accordance with the provisions of the Dublin II Regulations, that the person concerned should be transferred to Germany for the purposes of having his asylum application examined there. This determination was upheld following an appeal to the Refugee Appeals Tribunal.

Arising from the Refugee Applications Commissioner's determination, a Transfer Order was signed in respect of the person concerned on 22 November 2006. This Order was served on the person concerned, by letter dated 23 November 2006, which placed a legal obligation on him to 'present' himself at the Offices of the Garda National Immigration Bureau (GNIB), on Wednesday 29 November 2006, to make arrangements for his formal transfer to Germany. The person concerned failed to 'present' on this occasion and was therefore classified as having evaded his transfer. The person concerned became illegally resident in this State at that time.

The person concerned continued to evade his transfer with the consequence that the Transfer Order ultimately expired leaving Ireland responsible for processing the asylum application of the person concerned. At this point the case of the person concerned was referred back to the Office of the Refugee Applications Commissioner for the purposes of having his asylum claims investigated. Subsequently, the Office of the Refugee Applications Commissioner made a recommendation that the person concerned be refused a declaration of refugee status. This recommendation was upheld on appeal to the Refugee Appeal Tribunal.

In accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 26 September 2008, 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. 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 234: To ask the Minister for Justice, Equality and Law Reform if he will regularise residency in the case of a person (details supplied) in County Kildare for study in Trinity College; and if he will make a statement on the matter. [32589/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I wish to inform the Deputy that the mother of the person to whom he refers has permission to remain in the State under the IBC/05 Scheme. In 2007, the person concerned was granted permission to remain, in line with that granted to her mother, up to 2 June, 2010. This permission to remain is under Stamp 4 conditions which permit study.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 235: To ask the Minister for Justice, Equality and Law Reform the current position of an application for residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [32590/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned, then a minor, arrived in the State in the company of his mother on 23 October 1997. His mother subsequently made an application for asylum which was refused. The mother of the person concerned was subsequently granted permission to remain in the State on the basis of being a parent of an Irish citizen child, born before 1 January 2005, in accordance with the revised arrangements announced on 15 January 2005, commonly referred to as the IBC/05 scheme. The person concerned was not included in his mother's permission to remain in the State at that time as he was an adult by then.

In early 2008 the person concerned sought permission to remain in the State on the basis of being a family dependant of the parent of an Irish born child who had been granted permission to remain in the State under the IBC/05 Scheme. By letter dated 18 March 2009 the person concerned was informed that he had failed to demonstrate current residency as a family dependant in the State and consequently his quest to remain in the State on that basis was refused.

Subsequently, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 31 March 2009, 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. Representations were received on behalf of the person concerned at that time.

The position in the State of the person concerned will now 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.

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