Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 142: To ask the Minister for Justice and Law Reform the progress to date in the determination of residency or family reunification in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [3205/11]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
Link to this: Individually | In context

I refer the Deputy to my previous replies to Parliamentary Questions in this matter. I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to is the subject of a Family Reunification application made in April 2010. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. The investigation was completed in June 2010 and a report was forwarded to INIS. The application will be considered by INIS and a decision will issue in due course.

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)
Link to this: Individually | In context

Question 143: To ask the Minister for Justice and Law Reform if the serious health conditions of their child was taken into account when determining the residency in the case of a person (details supplied) in Dublin 8; if compassionate or humanitarian circumstances were taken into account or will be taken into account; if he will defer any further action in the case to facilitate urgent hospitalisation requirements in respect of the child; and if he will make a statement on the matter. [3206/11]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
Link to this: Individually | In context

I refer the Deputy to my detailed Reply to his Parliamentary Question No. 540 of Wednesday, 12 January 2011, in this matter. The position in the State of the persons concerned is as set out in that Reply. The Deputy should note that all cases are considered on their individual merits and this will also apply in the cases of the persons concerned. The Deputy may be assured that all representations submitted for consideration, including those of a medical nature, will be carefully considered before a final decision is taken.

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)
Link to this: Individually | In context

Question 144: To ask the Minister for Justice and Law Reform if the period of residency here and all other personal circumstances have been considered in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [3207/11]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
Link to this: Individually | In context

As the name of the person referred to by the Deputy does not match the reference number supplied, it is not possible to provide the information sought at this time. However, information on the particular case the Deputy is referring to will be provided if he supplies my Department with the correct name and reference number.

In that context 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)
Link to this: Individually | In context

Question 145: To ask the Minister for Justice and Law Reform the extent to which a person (details supplied) in Dublin 2 has permission to remain, study and or work part-time; if required update of documentation is in place; and if he will make a statement on the matter. [3208/11]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
Link to this: Individually | In context

I have been informed that the person referred to by the Deputy currently has permission to remain in the State on student conditions until 13 June 2011. Students who have a Certificate of Registration showing Stamp 2 from the Garda National Immigration Bureau are entitled to work 20 hours per week during college term and 40 hours per week during holidays. Students are entitled to remain in the State for the duration of their studies. Their permission to stay in the State is temporary and they would be expected on completion of their courses to leave the State.

Non-EEA students do not derive from this status permission to reside in the State beyond the duration of their studies. In particular, the period of time they spend in the State on student status does not count towards the qualifying criteria for long term residence or naturalisation as an Irish citizen.

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)
Link to this: Individually | In context

Question 146: To ask the Minister for Justice and Law Reform if consideration has been given to the welfare and well-being in the case of a person (details supplied) in County Mayo whom it is proposed to deport; and if he will make a statement on the matter. [3209/11]

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 147: To ask the Minister for Justice and Law Reform the extent to which personal circumstances and potential threat to life and well-being in their homeland was examined in the case of a person (details supplied) in County Mayo; if human rights and humanitarian issues feature in any such evaluation; if the circumstances will warrant further review; and if he will make a statement on the matter. [3210/11]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
Link to this: Individually | In context

I propose to take Question Nos. 146 and 147 together.

I am satisfied that the application for asylum made by the persons concerned was fairly and comprehensively examined before decisions to refuse were arrived at. I am equally satisfied that the representations they submitted for consideration under Section 3 of the Immigration Act 1999 (as amended), together with all refoulement issues, were given the fullest consideration before the Deportation Orders were made. This being the case, the decision to deport them is justified.

There remains the option of applying to me for revocation of the Deportation Orders pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999, as amended. However I wish to make clear that such an application would require substantial grounds to be successful.

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)
Link to this: Individually | In context

Question 148: To ask the Minister for Justice and Law Reform the case history to date in the determination of residency in respect of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [3211/11]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
Link to this: Individually | In context

The person concerned applied for asylum on 21 March 2007. Following investigation by the Office of the Refugee Applications Commissioner, it was established that the person concerned had previously made an asylum application in France and, as such, a determination was made that the person concerned should be transferred to France for the purposes of having his asylum application examined there. This determination was upheld following an appeal to the Refugee Appeals Tribunal.

Consequently, a Transfer Order was signed in respect of the person concerned on 1 May 2007. This Order was served on the person concerned which placed a legal obligation on him to present himself at the Offices of the Garda National Immigration Bureau (GNIB), on Wednesday, 16 May 2007 to make arrangements for his formal transfer to France. 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 expired leaving Ireland responsible for processing his asylum application. 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. 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 24 April 2009, 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 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. 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.