Written answers

Wednesday, 29 September 2010

Department of Justice, Equality and Law Reform

Asylum Applications

11:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 987: To ask the Minister for Justice and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [32595/10]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1087: To ask the Minister for Justice and Law Reform the position regarding an application for residency in respect of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [32696/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 987 and 1087 together.

Arising from the refusal of her 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 26 February 2002, that the Minister proposed to make a Deportation Order in respect of her. She 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 her. Representations were received on behalf of the person concerned at that time.

As a final decision had not been made in her case, she was, by letters dated 24 September 2009 and 6 August 2010, afforded the opportunity of updating the representations already made and, if she so wished, of submitting further representations. As the person concerned has not responded to those letters, her position in the State will 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, based on the information already held on file. Once the file has been examined at official level, it 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 e-mail 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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