Written answers

Thursday, 21 January 2010

Department of Justice, Equality and Law Reform

Deportation Orders

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 208: To ask the Minister for Justice, Equality and Law Reform the procedure followed to date and likely further developments in the case of an application for residency and refugee status in respect of a person (details supplied) in County Laois; and if he will make a statement on the matter. [2891/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person referred to by the Deputy applied for Asylum on 12 December 2006. The claim was assessed by the Refugee Applications Commissioner who concluded that the person concerned did not meet the criteria for recognition as a refugee. The Commissioner's recommendation was communicated to him by letter dated 19 September 2007. This communication advised the person of his entitlement to appeal the Commissioner's recommendation to the Refugee Appeals Tribunal, which he duly did.

The Refugee Appeals Tribunal considered the person's appeal, following which the Tribunal affirmed the Commissioner's earlier recommendation to reject his claim. The outcome of the appeal was made known to the applicant by letter dated 31 December 2009.

In accordance with normal procedures, the applicant's file has been forwarded to my Department's Ministerial Decisions Unit for final processing of the Asylum claim. A letter will be issued formally advising him that his asylum claim has been rejected and affording him three options as follows: 1. Return home voluntarily 2. Consent to the making of a deportation order, or 3. Make written representations to me within 15 working days for temporary leave to remain in the State and/or make an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 (SI No. 518 of 2006).

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 209: To ask the Minister for Justice, Equality and Law Reform the progress to date in the application for residency in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [2892/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 675 of Tuesday, 6 October 2009, and the written Reply to that Question.

The up to date position is that the representations submitted by the person concerned as to why a Deportation Order should not be made in respect of him are currently being considered in my Department. This consideration will have regard for 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. Once this consideration has been completed, 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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