Bernard Durkan (Kildare North, Fine Gael)
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Question 150: To ask the Minister for Justice and Law Reform the procedures to date and yet to be followed in connection with an application for update and residency status, Garda National Immigration Bureau card, leave to remain or naturalisation in respect of a person (details supplied) in County Louth; and if he will make a statement on the matter. [3213/11]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I refer the Deputy to my detailed Reply to his Parliamentary Question, No. 998 of Wednesday, 29th September, 2010 in this matter. 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 Deputy should note that it is only in circumstances were permission to remain has been granted, that a Garda National Immigration Bureau card would be issued to a person.

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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 151: To ask the Minister for Justice and Law Reform when an updated Garda National Immigration Bureau card will issue in respect of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [3214/11]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The Deputy should note that my Department has no record of the person concerned being granted permission to remain in the State. It is only in circumstances where permission to remain has been granted, that a Garda National Immigration Bureau card would be issued to a person.

The position in relation to the person concerned is that he applied for asylum on 18 April 2006. Following investigation by the Office of the Refugee Applications Commissioner, it was established that the person concerned had previously made an asylum application in Germany and, as such, a determination was made, in accordance with the provisions of the Dublin II Regulations, that the person concerned should be transferred to Germany for the purposes of having his asylum application examined there. Consequently, a Transfer Order was signed in respect of the person concerned on 14 July 2006. This Order was subsequently served on the person concerned, by letter dated 17 July 2006, which placed a legal obligation on him to 'present' himself at the Offices of the Garda National Immigration Bureau (GNIB), on Monday 24 July 2006, to make arrangements for his formal transfer to Germany. The person concerned failed to 'present' on this occasion and was therefore classified as having 'evaded' his transfer. The person concerned became illegally resident in this State at that time.

The person concerned continued to evade his transfer with the consequence that the Transfer Order ultimately expired leaving Ireland responsible for processing the asylum application of the person concerned. At this point the case of the person concerned was referred back to the Office of the Refugee Applications Commissioner for the purposes of having his asylum claims investigated. Subsequently, the Office of the Refugee Applications Commissioner made a recommendation that the person concerned be refused a declaration of refugee status.

In accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 21 February 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 he should be allowed to remain temporarily in the State. In addition, he was notified 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 in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. The person concerned submitted an application for re-admittance to the asylum process under Section 17(7) of the Refugee Act, 1996 (as amended). Following consideration of the evidence submitted the application was refused. The person concerned was notified of this decision by letter dated 14 April 2008.

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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 152: To ask the Minister for Justice and Law Reform, further to Parliamentary Question No. 331 of 24 November 2010, if a detailed examination of the application for residency and leave to remain has been fully undertaken in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [3215/11]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The person referred to by the Deputy applied for Asylum on 5/12/2005. The claim was assessed by the Refugee Applications Commissioner who concluded that the person concerned did not meet the criteria for recognition as a refugee. The Commissioner's recommendation was communicated to her by letter dated 16/1/2008. This communication advised the person of her entitlement to appeal the Commissioner's recommendation to the Refugee Appeals Tribunal, which she duly did.

The Refugee Appeals Tribunal considered the person's appeal, following which the Tribunal affirmed the Commissioner's earlier recommendation to reject her claim. The outcome of the appeal was made known to the applicant by letter dated 12/1/2011. In accordance with normal procedures, the applicant's file has been forwarded to my Department's Ministerial Decisions Unit for final processing of the asylum claim. A letter will now issue to her from my Department advising her formally that her asylum claim has been rejected and affording her three options as follows:

1. Return home voluntarily

2. Consent to the making of a deportation order, or

3. Make written representations to me within 15 working days under Section 3 of the Immigration Act, 1999 and/or make an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 (SI No. 518 of 2006).

Bernard Durkan (Kildare North, Fine Gael)
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Question 153: To ask the Minister for Justice and Law Reform the extent to which an application for family reunification has been completed in respect of a person (details supplied) in Dublin 6W in view of the humanitarian issues involved; and if he will make a statement on the matter. [3216/11]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy is the subject of a Family Reunification application made by her son in January 2010. The investigation has been completed and the Commissioner has forwarded a report to INIS. The application is currently under consideration by INIS. INIS are currently waiting for an inter-departmental report, upon receipt of same INIS will contact the applicant.

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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 154: To ask the Minister for Justice and Law Reform the position regarding an application for long-term residency in the case of a person (details supplied) in County Kildare; if this file will be reviewed at an early date; and if he will make a statement on the matter. [3232/11]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 546 of Wednesday 12 January, 2011 in this matter. 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 155: To ask the Minister for Justice and Law Reform the expected status in the case of an application for residency in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [3233/11]

Brendan Smith (Cavan-Monaghan, 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 29 June 2006, 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 156: 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 2; and if he will make a statement on the matter. [3234/11]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I refer the Deputy to my detailed Replies to his Parliamentary Questions, No. 970 and 1090 of Wednesday, 29 September, 2010 in this matter. 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.