Written answers

Wednesday, 14 September 2011

Department of Justice, Equality and Defence

Asylum Applications

9:00 pm

Photo of Ann PhelanAnn Phelan (Carlow-Kilkenny, Labour)
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Question 618: To ask the Minister for Justice and Equality the position regarding an asylum application in respect of persons (details supplied); and if he will make a statement on the matter. [22883/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) that the position with each of the persons referred to by the Deputy is as follows.

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 first named person concerned was notified, by letter dated 25th November, 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. To date no representations have been received from or on behalf of the person concerned. However, on 8th March, 2011, the person concerned, through her legal representative, informed my Department that she wished to withdraw all outstanding applications for permission to remain in the State and to return voluntarily to her country of origin. My Department wrote to her legal representative on 8th March, 2011 in response to that letter seeking certain clarification and documentation but to date no reply has been received in my Department from the legal representative.

The application of the second named applicant is registered at the appeal stage of the asylum process. As this application is the subject of Judicial Review proceedings in the High Court it would not be appropriate for me to comment further at this time.

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 third named person concerned was notified, by letter dated 14 December 2009, 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. To date no representations have been received from or on behalf of the person concerned. However, on 8th March, 2011, the person concerned, through his legal representative, informed my Department that he wished to withdraw all outstanding applications for permission to remain in the State and to return voluntarily to his country of origin. Consequently, no further consideration will be given to the case of the person concerned under Section 3 of the Immigration Act 1999 (as amended).

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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