Written answers

Thursday, 15 September 2011

Department of Justice, Equality and Defence

Residency Permits

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 124: To ask the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [24333/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned claimed asylum in the State on 30th June, 2008 and had his claim examined by the Office of the Refugee Applications Commissioner following which it was recommended that he should be recognised as a refugee.

Based on this recommendation and in accordance with the provisions of section 17 of the Refugee Act 1996 (as amended), the person concerned was issued with a formal declaration of refugee status by letter dated 19th October, 2009. This communication advised him of the rights and entitlements accompanying refugee status in the State. He continues to hold the status of refugee in the State.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 125: To ask the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied) in County Limerick; if their case falls within the context of the Zambrano case in view of the fact that they have family commitments; and if he will make a statement on the matter. [24334/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I refer the Deputy to my reply to Parliamentary Question No. 478 of Tuesday, 5th July, 2011 - set out beneath. The position is unchanged since then.

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 4th December, 2008, 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 provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection and, following the consideration of this application, it was determined that the person concerned was not eligible for Subsidiary Protection. The person concerned was notified of this decision by letter dated 27th June, 2011.

The case file of the person concerned, including all representations submitted, will now be considered 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. When this consideration has been completed, the case file of the person concerned will be passed to me for decision. In advance of a final decision being made, the case of the person concerned will be examined to determine what, if any, impact the recent European Court of Justice Judgment in the Zambrano case may have on his case.

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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