Written answers

Wednesday, 14 September 2011

Department of Justice, Equality and Defence

Asylum Applications

9:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Question 643: To ask the Minister for Justice and Equality if he will grant subsidiary protection to a person (details supplied) in view of the offer of refuge from the International Cities of Refuge Network; and if he will make a statement on the matter. [23183/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The asylum application lodged by the person concerned was considered by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, both of whom concluded that the person concerned did not meet the criteria for recognition as a refugee.

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 13th April, 2011, 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.

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.

The Deputy should note that the Subsidiary Protection application lodged by the person concerned will be considered on its individual merits having regard for the information provided by the applicant in his application as measured against relevant, up to date, objective information relating to his country of origin. All documentation submitted in support of the application, including the documentation referred to by the Deputy, will be examined before a decision to grant or refuse Subsidiary Protection is arrived at.

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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