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

Question 381: To ask the Minister for Justice and Equality the residency status currently or expected in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [11241/11]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

The person concerned is the subject of a Deportation Order, signed on 13 January 2011, 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.

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

Question 382: To ask the Minister for Justice and Equality when a decision will issue in the matter of residency in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [11242/11]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

The person referred to by the Deputy applied for asylum on 15/12/10.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 01/3/2011. 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 19/4/2011.

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 issue to her shortly, formally advising that her asylum claim had 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).

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made directly to the Irish Naturalisation and Immigration Service 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 383: To ask the Minister for Justice and Equality if and when a decision will issue in respect of residency or citizenship in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [11243/11]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

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 16th March, 2005, 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.

On 2nd August, 2006, a formal "take back" request was received from the United Kingdom in respect of the person concerned in accordance with Article 16(1)(e) of Council Regulation (EC) 343 of 2003. This request was made because the person concerned had made an application for asylum in the United Kingdom. This request was accepted by Ireland and arrangements were made for his return from the United Kingdom to Ireland on 14th August, 2006.

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 new address submitted with the Deputy's Question has been noted on my Department's records.

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 384: To ask the Minister for Justice and Equality the current, likely or proposed residency status in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [11244/11]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

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 13th 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.