Wednesday, 12 January 2011
Department of Justice, Equality and Law Reform
I am informed by the Irish Naturalisation and Immigration Service (INIS) that the persons referred to by the Deputy made an application for permission to remain in the State in March 2009. A letter refusing permission to remain was issued on 13 May 2009 and the applicants were requested to leave the State and provide evidence of their departure by 3 June 2009.
On 30 November 2009 an intention to deport letter was issued to the second named person and this was duly acknowledged by her legal advisor. Arising from her position as a person with no legal basis for being in the State, the person in question was advised 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 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.
The Irish Naturalisation and Immigration Service will contact the first-named person referred to in the Deputy's question shortly.
I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct 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.