Jack Wall (Kildare South, Labour)
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Question 463: To ask the Minister for Justice and Equality his views on a matter (details supplied); if any action has taken place in regards to same; if not, when a decision will issue; and if he will make a statement on the matter. [15051/11]

Alan Shatter (Dublin South, Fine Gael)
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The Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision. Persons in the asylum process are not entitled to access social welfare supports, including rent supplement, and are therefore not entitled to State-funded private accommodation. The basic needs of such persons are met through the direct provision system which provides full board accommodation and certain ancillary services.

The family referred to in the details supplied are currently availing of direct provision accommodation at Eyre Powell accommodation centre, Newbridge, Co. Kildare. It is open to the family to seek a transfer to alternative direct provision accommodation. This family did make such a transfer application in January 2010 to RIA but turned down the offer of alternative accommodation. If they wish to apply again for a transfer, they may do so using the transfer request form available from the accommodation centre manager which should be sent to RIA, PO Box 11487, Dublin 2.

In the interest of completeness, I will outline the residency positions of the four members of this family i.e. the father, mother and two young children. All were the subject of individual asylum applications. Arising from the refusal of their individual asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the father, mother and older child were notified by letters dated 14th August, 2008 and 27th July, 2008, that the Minister proposed to make Deportation Orders in respect 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 Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders 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 same three family members submitted applications for Subsidiary Protection and, following consideration of these applications, it was determined that the persons concerned were not eligible for Subsidiary Protection. The persons concerned were notified of these decisions by separate letters dated 23rd February, 2010.

The cases of these three family members were then examined under 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 and all representations made were considered before decisions were arrived at. Deportation Orders were made in respect of these three family members and these Orders were served by registered post dated 1st March, 2010. These communications advised the three family members of the legal requirement that they 'present' at the Offices of the Garda National Immigration Bureau (GNIB) on a specified date in order to make arrangements for their deportation from the State. As persons subject of a Deportation Order, these three family members are required to adhere to any residency or reporting requirements placed on them by the Garda National Immigration Bureau.

The fourth family member, an infant born in February 2009, had an application for asylum made on her behalf in May, 2009. Arising from the refusal of her asylum application, she was, by letter dated 4th November, 2010, advised of the options open to her, to be exercised within 15 working days, which were to leave the State voluntarily, to consent to the making of a Deportation Order or to make 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. Such an application was made on her behalf. Following consideration of this application, it was determined that she was not eligible for Subsidiary Protection and she was notified to this effect by letter dated 3rd January, 2011.

The position in the State of the fourth family member 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 fourth family member.