Written answers

Tuesday, 19 January 2010

Department of Justice, Equality and Law Reform

Asylum Applications

9:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 637: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of persons (details supplied) in County Clare; and if he will make a statement on the matter. [1751/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The first named person concerned applied for asylum on 29 August 2005. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

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 first named person concerned was informed, by letter dated 31 March 2006, 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 why a Deportation Order should not be made against her. Representations were submitted on behalf of the first named person concerned at that time.

Her case was examined under 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 and all representations received were considered in arriving at a decision in her case. On 25 November 2008 a Deportation Order was signed in respect of the first named person concerned. Notice of this Order was served by registered post dated 5 December 2008. This communication advised the first named person concerned of the legal requirement that she present herself at the Offices of the Garda National Immigration Bureau (GNIB) on 6 January 2009 in order to make travel arrangements for her deportation from the State.

On 25 November 2009, an application for revocation of the Deportation Order, under Section 3 (11) of the Immigration Act 1999 (as amended), was received on behalf of the first named person concerned. This application is under consideration in my Department at present. When a decision has been made on this application, the first named person concerned will be notified in writing of that decision and of the consequences of the decision.

The first named person also made an application, on 24 November 2005, for permission to remain in the State on the basis of being a parent of an Irish born child, born in the State before 1 January 2005, in accordance with the revised arrangements announced by the then Minister on 15 January 2005, commonly referred to as the IBC/05 scheme. The first named person did not satisfy the criteria under the revised arrangements and was notified of this decision by letter dated 1 December 2005.

The second named person concerned, the son of the first named person concerned, was born in the State in late 2005 and an application for asylum was made on his behalf on 15 December 2008. In accordance with Section 9 of the Refugee Act 1996 (as amended), the second named 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 second named person concerned was notified, by letter dated 31 August 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. 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 position in the State of the second named person concerned now falls to 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 second named person concerned.

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