Written answers

Tuesday, 6 October 2009

Department of Justice, Equality and Law Reform

Residency Permits

9:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 701: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in County Longford; and if he will make a statement on the matter. [33583/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The person concerned applied for asylum on 14 June 2004. In accordance with section 9 of the Refugee Act 1996, as amended, the person 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 12 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 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). Representations have been received on behalf of the person concerned. 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. When 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)
Link to this: Individually | In context

Question 702: 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 Cork; and if he will make a statement on the matter. [33584/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The person concerned applied for asylum on 28 October 2005. In accordance with section 9 of the Refugee Act 1996, as amended, the person 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 25 July 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 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)
Link to this: Individually | In context

Question 703: To ask the Minister for Justice, Equality and Law Reform the position in regard to the application for residency or family reunification in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [33585/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I refer the Deputy to my reply to his previous Parliamentary Questions. I am informed by the Immigration Division of my Department that the person in question was granted refugee status and made a Family Reunification application in respect of his wife in September 2008. This application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation is completed and the Commissioner has forwarded a report to my Department. This application will be considered by my Department and a decision will issue in due course.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 704: To ask the Minister for Justice, Equality and Law Reform the position in relation to the application for residency or leave to remain in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [33586/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The person concerned applied for asylum on 11 October 2007. In accordance with section 9 of the Refugee Act 1996, as amended, the person concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner. The person concerned was advised of her entitlement to appeal this determination to the Refugee Appeals Tribunal but did not do so within the specified time period. 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 28 January 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 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 did not submit an application for subsidiary protection in the State in accordance with these regulations. However, representations have been received on behalf of the person concerned. 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.

Comments

No comments

Log in or join to post a public comment.