Written answers

Thursday, 5 November 2009

Department of Justice, Equality and Law Reform

Asylum Applications

10:00 am

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 155: To ask the Minister for Justice, Equality and Law Reform the position regarding to an application for residency and citizenship in the case of persons (details supplied) in County Mayo; and if he will make a statement on the matter. [39859/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The persons concerned, a husband and wife, made separate applications for asylum on 3 March 2005 and 18 April 2005 respectively. The second named person gave birth to a child in the State later in 2005 and this child was subsequently included in her mother's asylum application. In accordance with Section 9 of the Refugee Act 1996 (as amended), the persons concerned were entitled to remain in the State until their applications for asylum were decided. Their asylum applications were refused following consideration of their individual cases by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of their asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned were notified, by letters dated 13 April 2007 and 20 April 2007 respectively, that the Minister proposed to make Deportation Orders in respect of them and their child. They were 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 Deportation Orders should not be made in respect of them and their child. In addition, they were notified of their respective entitlements 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 persons concerned submitted separate applications for Subsidiary Protection in the State in accordance with these Regulations and these applications are under consideration at present. When consideration of these applications have been completed, the persons concerned will be notified in writing of the outcomes. In the event that the applications for Subsidiary Protection are refused, the position in the State of the persons 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 files are passed to me for decision. Once decisions have been made, these decisions and the consequences of the decisions will be conveyed in writing to the persons concerned. ^^ Asylum Applications. ^^

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 156: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency on humanitarian grounds in the case of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [39860/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 78 of Thursday, 9 April, 2009, and the written Reply to that Question. As stated in my earlier Reply, the person concerned has submitted an application for Subsidiary Protection in the State which 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 157: To ask the Minister for Justice, Equality and Law Reform the position in relation to residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [39861/09]

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 will of course be aware that it is not the practice to comment in detail on individual asylum applications.

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