Written answers

Thursday, 27 January 2011

Department of Justice, Equality and Law Reform

Residency Permits

2:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 73: To ask the Minister for Justice and Law Reform the current or expected residency status in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [4357/11]

Photo of Brendan SmithBrendan Smith (Minister, Department of Agriculture, Fisheries and Food; Minister, Department of Justice, Equality and Law Reform; Cavan-Monaghan, 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 16 January 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. 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 74: To ask the Minister for Justice and Law Reform the procedure to be followed to upgrade from stamp three to stamp four residency status in respect of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [4358/11]

Photo of Brendan SmithBrendan Smith (Minister, Department of Agriculture, Fisheries and Food; Minister, Department of Justice, Equality and Law Reform; Cavan-Monaghan, Fianna Fail)
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I refer the Deputy to my reply to Parliamentary Question No. 564 of 12 January, 2011. My Department wrote directly to the person concerned in August 2010 and to date no response has been received to this request. I advise that the person concerned respond as soon as possible so as to progress this matter.

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. In this specific case, as in all cases, the correct file reference would be of assistance.

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