Written answers

Tuesday, 19 January 2010

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 588: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for leave to remain in the case of a person (details supplied) in County Kerry on humanitarian and compassionate grounds; and if he will make a statement on the matter. [1444/10]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 591: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for leave to remain in the case of a person (details supplied) in County Kerry on humanitarian and compassionate grounds; and if he will make a statement on the matter. [1447/10]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 654: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the full circumstances in the case of a person (details supplied) in County Kerry; if he has views on the supporting documentation indicating integration into the local community, involvement in youth work, participation in cultural and educational facilities and have earned a high regard in the community in which they reside and the certified medical evidence indicating serious female mutilation and abuse; if his further attention has been drawn to the likelihood that their daughter will suffer the same fate if returned to the homeland; if he will use his discretionary powers having regard to all the information presently available to his Department with a view to ensuring an extension of leave to remain on emergency, compassionate or humanitarian grounds; and if he will make a statement on the matter. [2193/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 588, 591 and 654 together.

I refer the Deputy to my written answer to Parliamentary Question No. 327 on 24 November 2009, wherein I outlined the background of the application of the first person that the Deputy enquires about. It was determined on 8 December 2009 that no grounds had been put forward by the applicant which would warrant me to exercise my discretion to consider an application for Subsidiary Protection in accordance with Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned was notified of this decision on 15 December 2009.

The second person that the Deputy enquires about is the minor son of the first individual who was born in the State on 14 January 2005, and as such is not an Irish citizen. An application for asylum was made on his behalf on 3 November 2005. The Refugee Applications Commissioner recommended that this child should not be declared a refugee. The recommendation was upheld by the Refugee Appeals Tribunal. This decision was subsequently the subject of judicial review proceedings, which were ultimately withdrawn on consent. The application for asylum was refused. An application for Subsidiary Protection was considered and refused on 8 December 2009. A Deportation Order was made in respect of this child on 8 December 2009.

Judicial review proceedings were instituted on 21 December 2009 challenging the refusal to consider an application for Subsidiary Protection from the first person concerned and the decision to refuse Subsidiary Protection and make a Deportation Order in respect of the second person concerned. As the matter is sub judice, I cannot comment further.

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