Written answers

Tuesday, 18 May 2010

Department of Justice, Equality and Law Reform

Asylum Applications

9:00 am

Photo of Bernard AllenBernard Allen (Cork North Central, Fine Gael)
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Question 353: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in respect of a person (details supplied) in County Cork. [20396/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 29 June 2005. 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 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 7 November 2006, 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 this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

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.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Question 354: To ask the Minister for Justice, Equality and Law Reform if he will confirm the way in which matters concerning asylum and immigration are being managed within his Department. [20440/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Overall responsibility for Immigration and Asylum matters rests with the Minister. Within this framework a number of agencies and bodies both statutory and non-statutory, administer the various aspects of the service. These include the Office of the Refugee Applications Commissioner (ORAC), the Refugee Appeals Tribunal (RAT), the Reception and Integration Agency (RIA), the Irish Naturalisation and Immigration Service (INIS) and the Garda National Immigration Bureau (GNIB). In addition, funding is provided to the Refugee Legal Service under the auspices of the Legal Aid Board who provide legal services to asylum claimants.

If the Deputy has a specific query in relation to any particular aspect of service, it may be addressed directly to the Irish Naturalisation and Immigration Service, 13–14 Burgh Quay, Dublin 2 who will coordinate a response from the various agencies as appropriate.

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