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

Question 545: To ask the Minister for Justice and Equality the extent to which an application for asylum or refugee status was fully examined in the case of a person (details supplied) in County Galway; if due regard was given to her legitimate fear of being deported to the Democratic Republic of Congo; if her case will be deferred pending review; and if he will make a statement on the matter. [22423/11]

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

The person concerned arrived in the State on 30 January 2008 and applied for asylum on the same date. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 9 July 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 she should be allowed to remain temporarily in the State.

An application for Subsidiary Protection under the European Communities (Eligibility for Protection) Regulations, 2006 S.I. No 518 of 2006 ('the Regulations') in respect of this person was also examined, however it was determined that she is not a person eligible for Subsidiary Protection. Her case was 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. Consideration was given to representations submitted on her behalf in relation to why a Deportation Order should not be made against her. All representations made on her behalf were fully considered. On 7 February 2011 a Deportation Order in respect of her.

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 GNIB.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail 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.