Written answers

Tuesday, 9 February 2010

Department of Justice, Equality and Law Reform

Asylum Applications

9:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 316: To ask the Minister for Justice, Equality and Law Reform if he will support the case of a person (details supplied). [6122/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The persons concerned, a mother and two children, arrived in the State in late 2007 and formally applied for asylum on 27 November 2007. The two children were included as dependants in the mother's asylum application meaning that any decision made in relation to her case applied equally to the children. The asylum application was refused following the consideration of the application by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. A third child was born in the State in early 2008 and this child's application was also 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 the asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999, the persons concerned were informed, by letter dated 6 March 2009, that the Minister proposed to make Deportation Orders in respect of them. They were given the options, to be exercised within a period of 15 working days, of leaving the State voluntarily, of consenting to deportation or of submitting written representations to the Minister setting out the reasons why Deportation Orders should not be made against them. They were also notified of their entitlement to apply for Subsidiary Protection in the State in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. The persons concerned submitted an application for Subsidiary Protection and also submitted representations pursuant to Section 3 of the Immigration Act 1999. The application for Subsidiary Protection was examined following which a decision was taken to refuse the application. This decision was communicated to the persons concerned by letter dated 20 May 2009.

The case of the persons concerned was then examined under Section 3 (6) of the Immigration Act 1999 and Section 5 of the Refugee Act 1996 on the prohibition of refoulement. Consideration was given to all representations submitted by and on behalf of the persons concerned and due regard was had for all national and international jurisprudence in terms of the humanitarian aspects of this case. On 27 May 2009 Deportation Orders were signed in respect of the persons concerned.

Section 3(11) of the Immigration Act 1999 (as amended) provides the Minister with powers to amend or revoke a Deportation Order. An application to revoke the Orders in respect of this family was made by its legal representatives on 1 February 2010. For such an application to be successful it would need to set out new facts or circumstances which have arisen and which were not capable of being advanced at the time the decision to deport was made. This application will be considered as soon as possible and a decision will be taken to either affirm or revoke the Orders based on all the information at my disposal. Once such a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the persons concerned.

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