Written answers

Tuesday, 2 March 2010

Department of Justice, Equality and Law Reform

Asylum Applications

12:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 281: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [10233/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I regret to advise the Deputy that it is not possible to provide a response to his Question at this time. The information sought by the Deputy will be provided at a later date.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 282: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for leave to remain in the State on humanitarian grounds in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [10234/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I regret to advise the Deputy that it is not possible to provide a response to his Question at this time. The information sought by the Deputy will be provided at a later date.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 283: To ask the Minister for Justice, Equality and Law Reform the expected residency status or leave to remain in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [10235/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I regret to advise the Deputy that it is not possible to provide a response to his Question at this time. The information sought by the Deputy will be provided at a later date.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 284: 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 (detail supplied) in County Cork; and if he will make a statement on the matter. [10236/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my detailed reply to his earlier Parliamentary Question No. 220 of Wednesday, 2 December 2009, in this matter. The position in the state of the person concerned is as set out in that reply.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 285: To ask the Minister for Justice, Equality and Law Reform the reason a person (details supplied) in County Kildare has not been granted permission to remain; and if he will make a statement on the matter. [10237/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I regret to advise the Deputy that it is not possible to provide a response to his Question at this time. The information sought by the Deputy will be provided at a later date.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 286: To ask the Minister for Justice, Equality and Law Reform if a decision to reject application for subsidiary protection is affected by a decision of the courts in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [10238/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 26 May 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), he 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 person concerned was notified, by letter dated 15 January 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 person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and following the consideration of this application, a decision was made to refuse the application and this decision was conveyed in writing to the person concerned by letter dated 15 February 2010. The case of the person concerned was then considered 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 following which a Deportation Order was signed in respect of the person concerned. This Order was formally served on the person concerned by registered post dated 22 February 2010. This communication advised the person concerned that a Deportation Order had been made against him which placed a legal obligation on him to leave the State by 12 March 2010 or, if he fails to do so, he must present himself at the Offices of the Garda National Immigration Bureau on 16 March 2010 to make arrangements for his deportation from the State.

In relation to the Deputy's query about the impact of a Court decision on the refusal of the application for Subsidiary Protection made by the person concerned, it is not clear as to what Court decision the Deputy is referring to or what its relevance to the case of the person concerned might be.

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