Written answers

Thursday, 3 June 2010

Department of Justice, Equality and Law Reform

Refugee Status

5:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
Link to this: Individually | In context

Question 80: To ask the Minister for Justice, Equality and Law Reform if he will address the applications of persons (details supplied) together; and if he will make a statement on the matter. [23891/10]

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

The first named person has been granted a declaration of refugee status. This decision was conveyed in writing to the first named person by letter dated 15 September 2009. This communication advised the first named person of the rights and entitlements accompanying such status.

The second named person applied for asylum on 23 February 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the second named person 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 second named person was notified, by letter dated 14 August 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 second named person has 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 second named person 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 second named person 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 second named person.

Comments

No comments

Log in or join to post a public comment.