Written answers

Tuesday, 17 May 2011

Department of Justice, Equality and Defence

Asylum Applications

6:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 375: To ask the Minister for Justice and Equality when the process in respect of residency will be concluded in the case of a person (details supplied) in County Monaghan; and if he will make a statement on the matter. [11235/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned is the subject of a Deportation Order, signed on 24 November, 2010, following a comprehensive and thorough examination of her asylum claim, and a detailed examination of the representations she submitted for consideration under Section 3 of the Immigration Act 1999 (as amended). The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

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 376: To ask the Minister for Justice and Equality the position regarding residency in the case of a person (details supplied) in County Cork, who was imprisoned in 2007 and has been issued with an order to deport; and if he will make a statement on the matter. [11236/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned is the subject of a Deportation Order, signed on 5 July 2006, following a comprehensive and thorough examination of her asylum claim, and a detailed examination of the representations she submitted for consideration under Section 3 of the Immigration Act 1999 (as amended). Following further consideration of her case the Deportation Order was affirmed on 11 June 2009. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

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 377: To ask the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [11237/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned is the subject of a Deportation Order, signed on 5 February 2009, following a comprehensive and thorough examination of her asylum claim, and a detailed examination of the representations she submitted for consideration under Section 3 of the Immigration Act 1999 (as amended). However her file is currently being examined to establish as to whether the recent European Court of Justice Judgment in the Zambrano case might impact on her case. When this examination of her case is complete we will contact the person concerned as to the outcome and consequence of same.

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 378: To ask the Minister for Justice and Equality if and when a decision in respect of residency is likely to issue in the case of persons (details supplied); and if he will make a statement on the matter. [11238/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The asylum applications made by the first, second and third persons concerned were refused and, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), they were notified, by letters dated 26th August, 2010, 10th September, 2008 and 28th July, 2010 respectively, that the Minister proposed to make Deportation Orders in respect of each of them. They were each 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 them. In addition, they were notified of their respective entitlements to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The persons concerned submitted individual applications for Subsidiary Protection. When consideration of these applications has been completed, the persons concerned will be notified in writing of the outcomes.

In the event that the applications for Subsidiary Protection are refused, the position in the State of the persons 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 files are passed to me for decision. Once decisions have been made, these decisions and the consequences of the decisions will be conveyed in writing to the persons concerned.

An asylum application was lodged by the fourth person concerned on 1st September, 2010. This asylum application is the subject of Judicial Review Proceedings in the High Court and, as such, it would not be appropriate for me to make any further comment on that case at this time.

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 379: To ask the Minister for Justice and Equality when a decision in respect of residency will issue in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [11239/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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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 11th May, 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 person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person 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 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.

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