Written answers

Tuesday, 19 January 2010

Department of Justice, Equality and Law Reform

Asylum Applications

9:00 pm

Photo of Tom SheahanTom Sheahan (Kerry South, Fine Gael)
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Question 642: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the circumstances in the matter of residency and permission to remain in the case of persons (details supplied) in County Kerry; if his attention has further been drawn to the threat of torture or death in the event of deportation, of the possibility of ritual sacrifice and death arising from threat by religious cult; his views on the likelihood of such practice in the event of deportation; if he will therefore use his discretion to extend residency and defer threat of deportation under the circumstances; and if he will make a statement on the matter. [1756/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The first and second named persons concerned, a husband and wife, made separate applications for asylum on 12 November 2007. In accordance with Section 9 of the Refugee Act 1996 (as amended), they were each entitled to remain in the State until their applications for asylum were decided. Their asylum applications were refused following the separate consideration of their 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 first and second named persons concerned were notified, by separate letters dated 21 May 2009, that the Minister proposed to make Deportation Orders in respect of them. They were each 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 against them. 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, following consideration of these applications, it was determined that the persons concerned were not eligible for Subsidiary Protection in the State. The persons concerned were individually notified of these decisions by letters dated 5 January 2010.

The couple's daughter was born in the State in late 2007. She applied for asylum on 15 February 2008. In accordance with Section 9 of the Refugee Act 1996 (as amended), this child was entitled to remain in the State until her application for asylum was decided. Her asylum 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 child was notified, by letter dated 14 May 2009, 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. 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 child submitted an application for Subsidiary Protection in the State in accordance with these Regulations and, following consideration of this application, it was determined she was not eligible for Subsidiary Protection in the State. She was notified of this decision by letter dated 5 January 2010.

The case files of all three persons concerned will now be considered individually 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. All representations submitted will be considered before the individual 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.

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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Question 643: To ask the Minister for Justice, Equality and Law Reform if an application for subsidiary protection and leave to remain has been made in the case of a person (details supplied) in County Cork; when a decision will be made; and if he will make a statement on the matter. [1827/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 24 February 2006. 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. The person concerned chose not to appeal this determination to 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 16 January 2007, 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 person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations.

The person concerned also made an application for re-admission to the asylum process under Section 17(7) of the Refugee Act 1996 (as amended). Following consideration of this application, a decision was made to refuse the application and this refusal decision was conveyed in writing to the person concerned by letter dated 15 June 2007.

The application for Subsidiary Protection is currently under consideration in my Department. 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.

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