Written answers

Tuesday, 13 October 2009

Department of Justice, Equality and Law Reform

Asylum Applications

12:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 277: To ask the Minister for Justice, Equality and Law Reform when travel documents will issue to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [35896/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Irish Naturalisation and Immigration Service (INIS) informs me that the person in question was refused Refugee Status in 2005 and is therefore not entitled to be issued with an Irish Travel Document. The person concerned was granted leave to remain in 2009 until 14 July 2010. In exceptional cases an application for an Irish temporary travel document may be considered. In all such cases INIS must be satisfied that there is no alternative open to the applicant before an Irish temporary travel document will issue.

An application for an Irish temporary travel document will only be considered by the Immigration Services Section in INIS on receipt of a fully completed application form. Supporting documentation accompanying any such application should include original correspondence from the relevant consular authority outlining the steps necessary to be followed by the person to facilitate the procurement of a national passport if their presence is required outside the State.

I am informed by the Immigration Services Section of INIS that an application for a temporary travel document was refused on 17 September 2009 in respect of the person in question as the application received was not accompanied by the requisite original correspondence from their own consular authorities. Documents supplied were photocopies which were neither specific to nor addressed to the person concerned. It remains open to the person in question to submit a new application for a temporary travel document accompanied by the relevant supporting documentation to the Travel Document Unit of INIS which is located at 13-14 Burgh Quay, Dublin 2.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 278: 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. [35897/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 15 September 2003. 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 17 October 2005, 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 have been received on behalf of the person concerned.

On 18 January 2006, the person concerned made an application for permission to remain in the State on the basis of his marriage to an Irish national. The person concerned was subsequently informed, by letter dated 20 November 2007, that this application was deemed to be abandoned as he had failed to submit the required supporting documentation despite repeated requests for same.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 279: To ask the Minister for Justice, Equality and Law Reform if provision will be made in respect of residency and accommodation in the case of a person (details supplied) in Dublin 14; and if he will make a statement on the matter. [35898/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to his earlier Parliamentary Question, No. 285 of Tuesday, 26 May, 2009, and the written Reply to that Question. The position in the State of the persons concerned falls to be considered in accordance with 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 case files are passed to me for decision. Once the relevant decisions have been made, these decisions and the consequences of the decisions will be conveyed in writing to the persons concerned.

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