Written answers

Wednesday, 29 September 2010

Department of Justice, Equality and Law Reform

Residency Permits

11:00 pm

Photo of Willie O'DeaWillie O'Dea (Limerick East, Fianna Fail)
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Question 898: To ask the Minister for Justice and Law Reform the position regarding the immigration status of a person (details supplied) in County Limerick. [31797/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 27 February 2002. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner. He was notified of this determination by letter dated 31 October 2002.

The person concerned applied for permission to remain in the State on the basis of being the parent of an Irish citizen child, born before 1st January 2005, in accordance with the revised arrangements announced by the then Minister on 15 January 2005, commonly referred to as the IBC/05 scheme. The person concerned did not satisfy the Scheme's criteria so his application was refused and he was notified of this decision by letter dated 16 November, 2005.

In accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 25 June 2008, 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. Representations have been received on behalf of the person concerned.

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.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

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