Written answers

Tuesday, 1 June 2010

Department of Justice, Equality and Law Reform

Residency Permits

10:00 am

Photo of Mary UptonMary Upton (Dublin South Central, Labour)
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Question 321: To ask the Minister for Justice, Equality and Law Reform if an application for permission to remain in this country for a family (details supplied) can be processed as soon as possible; and if he will make a statement on the matter. [23312/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The persons concerned, a mother and two minor daughters, applied for asylum with the mother's application lodged on 12 April 2007 and the daughters' applications lodged on 16 January 2008. In accordance with Section 9 of the Refugee Act 1996 (as amended), the persons concerned were all entitled to remain in the State until their individual applications for asylum were decided. The asylum applications were refused following their individual consideration by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of their asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned were individually notified, by letters dated 18 July 2008 in the case of the mother and 10 and 14 October 2008 in the case of the daughters, that the Minister proposed to make Deportation Orders in respect of them. They were each given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against them. In addition, they were notified of their respective entitlements 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 persons concerned have each submitted an application for Subsidiary Protection in the State in accordance with these Regulations and these applications are under consideration at present. When consideration of these applications has been completed, the persons concerned will be notified in writing of the outcomes. In the event that the applications for Subsidiary Protection are refused, the positions in the State of the persons 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 files are passed to me for decision. Once decisions have been made, these decisions and the consequences of the decisions will be conveyed in writing to the persons concerned.

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