Written answers

Wednesday, 5 October 2011

Department of Justice, Equality and Defence

Residency Permits

9:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 169: To ask the Minister for Justice and Equality the current or expected position in respect of residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [27752/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person concerned was given permission to study in Secondary School which was valid to 30 September 2011. If he wishes to study at third level he should contact his local Immigration Office for further permission to remain. If he is not continuing with his studies he should write to the General Immigration Division in INIS to have his case examined and they will advise this person accordingly.

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 170: To ask the Minister for Justice and Equality the extent to which the factor of violence in their homeland which presents a threat to life was taken into consideration in respect of an application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [27753/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned applied for asylum on 12th October, 2006. His application was refused following a full consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 30th October, 2007, 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 he should not have a Deportation Order 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. This application was fully considered under all of the relevant headings before a decision was taken to refuse that application. The person concerned was advised of the refusal of his Subsidiary Protection application by letter dated 8th March, 2011.

The case file of the person concerned, including all representations submitted, was then 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 before a Deportation Order was made in respect of him on 15th July, 2011. This Order was served by registered post dated 26th July, 2011. Once this Order was served on the person concerned, he was legally obliged to comply with any reporting requirements placed on him by the Garda National Immigration Bureau.

I am satisfied that the case of the person concerned has been given the fullest consideration at all stages of the asylum and immigration processes. As a result, I am satisfied that the decision taken to make a Deportation Order in his case was justified. 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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