Written answers

Thursday, 25 November 2010

Department of Justice, Equality and Law Reform

Asylum Applications

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 140: 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 Westmeath; and if he will make a statement on the matter. [44633/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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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 13 September 2005, 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 were submitted on behalf of the person concerned at that time.

The person concerned was subsequently informed, by letter dated 22 January 2008, 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 person concerned submitted an application for Subsidiary Protection. 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 141: To ask the Minister for Justice and Law Reform the position regarding residency in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [44634/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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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 first named person concerned was notified, by letter dated 27 August 2009, the second person concerned, by letter dated 13 September 2005, and their two children, by separate letters dated 31 August 2009, 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, the first named person concerned and her two children were notified of their entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006. The second named person concerned was subsequently informed, by letter dated 22 January 2008, of his entitlement to apply for Subsidiary Protection in the State.

The second named person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the second named 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 second named 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.

The position in the State of the first named person concerned and her two children 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. All representations submitted will be considered before the files are 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 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 142: To ask the Minister for Justice and Law Reform the position regarding residency in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [44635/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to his Parliamentary Question No. 516 of Tuesday, 20 April, 2010 and the written Reply to that Question. The position in the State of the person concerned is as set out in that Reply.

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 143: To ask the Minister for Justice and Law Reform the position regarding residency and citizenship in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [44636/10]

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 30 March 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 person concerned submitted an application for Subsidiary Protection.

By letter dated 12 November 2010, the person concerned notified my Department, through her legal representative, that she wished to withdraw her application for Subsidiary Protection in the State.

The case file of the person concerned, including all representations submitted, will now be considered under 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. When this consideration has been completed, the case file of the person concerned will be passed to me for decision.

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 144: To ask the Minister for Justice and Law Reform the position regarding residency and citizenship in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [44637/10]

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 30 July 2009, that the Minister proposed to make Deportation Orders in respect of her and her child. She was 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 her and her child. 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 person concerned submitted an application for Subsidiary Protection. 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 and her child 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.

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