Written answers

Wednesday, 4 May 2011

Department of Justice, Equality and Defence

Asylum Applications

9:00 pm

Photo of Áine CollinsÁine Collins (Cork North West, Fine Gael)
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Question 114: To ask the Minister for Justice and Equality the position regarding an asylum application in respect of persons (details supplied) in County Cork. [9926/11]

Photo of Alan ShatterAlan Shatter (Minister, Department of Justice, Equality and Defence; Dublin South, Fine Gael)
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The first named person concerned applied for asylum on 17th December, 2009. His asylum application was considered by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, both of whom concluded that the first named person concerned did not meet the criteria for recognition as a refugee.

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 first named person concerned was notified, by letter dated 30th December 2010, 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 first named person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the individual 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 first 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 individual concerned.

The second named person, accompanied by her child, applied for asylum on 31st July, 2006. The child was included on her mother's asylum application. The asylum application was considered by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, both of whom concluded that the second named person concerned did not meet the criteria for recognition as a refugee.

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 second named person concerned was notified, by letter dated 26th November, 2007, 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 second named person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the individual 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 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 second named 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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