Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 190: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [17533/10]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

Officials in the Citizenship Division of my Department inform me that there is no record of an application for a certificate of naturalisation from the person concerned.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 191: To ask the Minister for Justice, Equality and Law Reform the current or expected position in respect of an application for residency, citizenship and family reunification in the case of a person (details supplied) in County Sligo; and if he will make a statement on the matter. [17534/10]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The person concerned applied for asylum on 26 October 2004. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned 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 person concerned was notified, by letter dated 12 August 2005, 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 person concerned at that time and subsequently.

The position in the State of the person concerned will now 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.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 192: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in the case of a person (details supplied) in Dublin 20; the residency status of their spouse; and if he will make a statement on the matter. [17535/10]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

An application for a certificate of naturalisation from the first named person referred to in the Deputy's Question was received in the Citizenship Division of my Department in July 2008. On examination of the application submitted it was determined that the person in question did not meet that statutory residency requirements as set out in the Irish Nationality and Citizenship Act, 1956, as amended. The person concerned was informed of this in a letter issued to her on 28 October, 2008. It is open to the person concerned to lodge a new application for a certificate of naturalisation with the Citizenship Division of my Department if and when they are in a position to meet the statutory requirements.

Officials in the Citizenship Division of my Department inform me that there is no record of an application for a certificate of naturalisation from the second named person referred to in the Deputy's Question. The second named person applied for asylum on 7 February 2006. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 7 May 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 he should be allowed to remain temporarily in the State.

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). By correspondence dated 27th May, 2009, an application for Subsidiary Protection was made on behalf of the person concerned by his legal representative. Following consideration of the information submitted, the application was refused. The person concerned and his legal representative were notified of this decision by letter dated 7th April, 2010.

His case was then 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. Consideration was given to representations submitted on his behalf by his legal representative for permission to remain in the State. On 20th April, 2010, I refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of him. Notice of this Order was served by registered post requiring him to 'present' to the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on 18th May, 2010 to make arrangements for his removal from the State.

I am satisfied that the applications made by the person concerned for asylum and for temporary leave to remain in the State, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport him is justified. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is, and remains, an operational matter for the GNIB.