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 1031: 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 County Donegal; and if he will make a statement on the matter. [32639/10]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1058: To ask the Minister for Justice and Law Reform the position regarding an application for residency in respect of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [32666/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 1031 and 1058 together.

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 19 September 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. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection and this application will be considered first. 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. 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1032: 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 County Monaghan; and if he will make a statement on the matter. [32640/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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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 5 November 2009, 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. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The position in the State of the person concerned now falls to 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. Any 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1034: 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 8; and if he will make a statement on the matter. [32642/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The first named person concerned applied for asylum on 18 May 2005. The second named person concerned, the minor son of the first named person concerned, subsequently arrived in the State and applied for asylum on 29 May 2006. Both asylum applications were refused following the individual consideration of the cases by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of their respective asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned were notified, by letters dated 25 August 2006 and 29 January 2008 respectively, that the Minister proposed to make Deportation Orders in respect of them. They were 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 accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The persons concerned have submitted separate applications for Subsidiary Protection. 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.

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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