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

Question 212: To ask the Minister for Justice and Equality the progress made to date in the determination of residency entitlement in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [25586/11]

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

I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person concerned arrived in the State on 5th February, 2007 and applied for asylum on 8th February, 2007. However, it was established that the person concerned had been recognised as a refugee in another EU Member State. The Refugee Applications Commissioner made a decision in accordance with the provisions of Section 17 (4) of the Refugee Act, 1996 (as amended) i.e. that the person concerned was a person to whom a declaration of refugee status could not be given. This decision was conveyed to the person concerned by letter dated 12th June, 2007.

The case of the person concerned was 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 also given to representations submitted on his behalf for permission to remain in the State. On 14th August, 2008 a Deportation Order was made in respect of him. The person concerned instituted Judicial Review proceedings on 9th September, 2008 challenging Section 17(4) of the Refugee Act 1996 and also the Deportation Order made in respect of him and accordingly, as the matter is sub judice, I do not propose to comment further.

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.