Written answers

Thursday, 20 May 2010

Department of Justice, Equality and Law Reform

Asylum Applications

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 139: To ask the Minister for Justice, Equality and Law Reform the current or intended status in respect of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [21300/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 19 September 2006. 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 9 July 2007, 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. The Deputy can be assured that all representations submitted, including those relating to the family and domestic circumstances of the person concerned, will be fully 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 Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 140: To ask the Minister for Justice, Equality and Law Reform the position regarding residency and leave to remain in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [21301/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The case of the person concerned was 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 her behalf by her legal representative for permission to remain in the State. On 23 September 2009, I refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of her. Notice of this Order was served by registered post requiring her to present herself at the Offices of the Garda National Immigration Bureau in order to make arrangements for her removal from the State. She failed to present and was classified as evading her deportation. She should, therefore, present herself to the GNIB without any further delay.

On 13th October, 2009, the person's two children claimed asylum. The person's legal representative was notified by letter dated 21st October, 2009 that an undertaking had been given not to enforce the Deportation Order signed in respect of her until the children's asylum application had been processed.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 141: To ask the Minister for Justice, Equality and Law Reform the position regarding long-term residency, stamp four and leave to remain in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [21302/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned has been granted Leave to Remain in the State for a three year period to 17 November 2012. This decision was conveyed in writing to the person concerned by letter dated 18 November 2009. Given that the daughter referred to had been included as a child dependant in her mother's original asylum application, any decision made in relation to the mother applied equally to this daughter.

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