Written answers

Thursday, 13 October 2011

Department of Justice, Equality and Defence

Residency Permits

2:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 154: To ask the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [29390/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned arrived in the State on 3rd December, 2007 and applied for asylum. His application was refused following detailed 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 12th January, 2010, that it was 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 submitting written representations setting out reasons why he should not be deported. He was also advised of his entitlement to submit an application 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 also submitted representations pursuant to Section 3 of the Immigration Act 1999 (as amended).

Following the consideration of his application for Subsidiary Protection, a decision was taken that the person concerned was not eligible for Subsidiary Protection. This position was notified to the person concerned by letter dated 17th August, 2011. The case of the person concerned 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 21st September, 2011. This Order was served by registered post dated 23rd September, 2011.

As a person subject of a Deportation Order, the person concerned is legally obliged to comply with any reporting requirements placed on him by the Garda National Immigration Bureau. The effect of a Deportation Order is that the person named on the Order must leave the State and remain thereafter out of the State. 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 155: To ask the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [29391/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned has been granted permission to remain in the State for the three year period to 28th July, 2014. This position was notified to the person concerned by letter dated 28th July, 2011. 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 156: To ask the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [29392/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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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 person concerned was notified, by letter dated 23rd June, 2008, that the then 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.

The person concerned initiated Judicial Review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in his case. The Judicial Review proceedings were refused by the High Court on 13th July, 2010 meaning that the earlier decisions of the Refugee Appeals Tribunal and the Minister stood. 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 a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 157: To ask the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in County Longford; and if he will make a statement on the matter. [29393/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned arrived in the State on 7th July, 2006 and applied for asylum three days later on 10th July, 2006. Her application was refused following detailed consideration of her 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 17th September, 2009, that it was 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 submitting written representations setting out reasons why she should not be deported. She was also advised of her entitlement to submit an application 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 also submitted representations pursuant to Section 3 of the Immigration Act 1999 (as amended).

Following the consideration of her application for Subsidiary Protection, a decision was taken that the person concerned was not eligible for Subsidiary Protection. This position was notified to the person concerned by letter dated 1st February, 2011. The case of the person concerned 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 her on 7th February, 2011. This Order was served by registered post dated 15th February, 2011. Once a Deportation Order has been served, the enforcement of that Order becomes an operational matter for the Garda National Immigration Bureau. The person concerned was deported from the State on 11th May, 2011.

If there has been a change in the circumstances of the person concerned, or if new information has come to light which has a direct bearing on her case, there remains the option of applying to me for revocation of her Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999, as amended. However I wish to make clear that such an application would require substantial grounds to be successful.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 158: To ask the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [29394/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned arrived in the State on 14th October, 2007 and applied for asylum. His application was refused following detailed 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 27th March, 2009, that it was 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 submitting written representations setting out reasons why he should not be deported. He was also advised of his entitlement to submit an application 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 also submitted representations pursuant to Section 3 of the Immigration Act 1999 (as amended).

Following the consideration of his application for Subsidiary Protection, a decision was taken that the person concerned was not eligible for Subsidiary Protection. This position was notified to the person concerned by letter dated 8th August, 2011. The case of the person concerned 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 20th September, 2011. This Order was served by registered post dated 22nd September, 2011. Once a Deportation Order has been served, the enforcement of that Order becomes an operational matter for the Garda National Immigration Bureau.

As the person concerned remains the subject of a Deportation Order, he is required to leave the State and remain thereafter out of the State. 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 159: To ask the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [29395/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned arrived in the State on 17th March, 2008 and applied for asylum. Her application was refused following detailed consideration of her 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 26th May, 2010, that it was 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 submitting written representations setting out reasons why she should not be deported. She was also advised of her entitlement to submit an application 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 also submitted representations pursuant to Section 3 of the Immigration Act 1999 (as amended).

Following the consideration of her application for Subsidiary Protection, a decision was taken that the person concerned was not eligible for Subsidiary Protection. This position was notified to the person concerned by letter dated 8th August, 2011. The case of the person concerned 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 her on 20th September, 2011. This Order was served by registered post dated 22nd September, 2011. Once a Deportation Order has been served, the enforcement of that Order becomes an operational matter for the Garda National Immigration Bureau. As the person concerned remains the subject of a Deportation Order, she is required to leave the State and remain thereafter out of the State.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 160: To ask the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [29396/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned arrived in the State on 19th July, 2003 and applied for asylum on 21st July, 2003. His application was refused following 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 11th November 2004, that the then 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.

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 given to all representations submitted on his behalf before a Deportation Order was made in respect of him on 11th March, 2005. This Order was served by registered post dated 1st April, 2005 which placed a legal obligation on the person concerned to attend at the Offices of the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on 14th April, 2005 in order to make arrangements for his deportation from the State. The person concerned failed to attend as directed and was therefore classified as a person evading his deportation.

On 19th April, 2005, the person concerned applied for asylum in the United Kingdom. Once it was established by the UK immigration authorities that the person concerned had an immigration history in this State, arrangements were made to have the person concerned returned to this State. The person in question was formally returned to Ireland on 27th June, 2005. By letter dated 19th February, 2007, the legal representative of the person concerned lodged an application for the revocation of the Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act 1999 (as amended) and also lodged an application for Subsidiary Protection pursuant to the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

Following consideration of the Section 3 (11) application, a decision was taken by the then Minister to affirm the existing Deportation Order. In relation to the application for Subsidiary Protection, the legal representative of the person concerned was advised that as his client was the subject of a Deportation Order, he must apply to the Minister, under Regulation 4 (2) of the Subsidiary Protection Regulations, to exercise his discretion to enable an application for Subsidiary Protection to be considered. The relevant legal representative was also advised that any such application would need to be supported by evidence of new facts or circumstances relevant to the person concerned or to his country of origin which had arisen since the original decision to deport was made.

By letter dated 7th December, 2007, the legal representative of the person concerned lodged an application under Regulation 4 (2) of the Subsidiary Protection Regulations. This application was carefully considered before a decision was taken to refuse the application. The person concerned, and his legal representative, were advised of this decision by letter dated 13th March, 2008. This communication also directed the person concerned to attend at the Offices of the GNIB on 27th March, 2008 in order to make arrangements for his removal from the State.

The person concerned remains the subject of a Deportation Order the effect of which is that he must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau. The Deputy will appreciate that in light of the above clarification the person concerned could not be deemed to have an outstanding application for residency.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 161: To ask the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [29397/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned is an asylum applicant. However, the Deputy will be aware that it is not the practice to comment on individual asylum applications where a final decision has not been made. The person concerned has separately submitted documentation to my Department to advance her case to remain in the State based on the principles of the Zambrano Judgment. Her case is under consideration at present. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 162: To ask the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [29398/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned is the subject of a Deportation Order made on 3rd August, 2004 following the refusal of her asylum application and a comprehensive examination of the representations she submitted for consideration under Section 3 of the Immigration Act 1999 (as amended). The person concerned, in June, 2010, sought to be re-admitted to the asylum process in accordance with the provisions of Section 17 (7) of the Refugee Act 1996 (as amended). This application was given careful consideration before a decision was made to refuse the application. This decision was communicated to the person concerned through the medium of a letter dated 2nd July, 2010 sent to her then legal representative.

The person concerned remains the subject of a Deportation Order the effect of which is that she must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau. The Deputy will appreciate that in light of the above clarification the person concerned could not be deemed to have an outstanding application for residency.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 163: To ask the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [29399/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned arrived in the State on 10th August, 2004 and applied for asylum. His application was refused following detailed 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 14th November, 2005, that it was 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 submitting written representations setting out reasons why he should not be deported. He was subsequently advised of his entitlement to submit an application 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 also submitted representations pursuant to Section 3 of the Immigration Act 1999 (as amended). Following the consideration of his application for Subsidiary Protection, a decision was taken that the person concerned was not eligible for Subsidiary Protection. This position was notified to the person concerned by letter dated 8th March, 2011.

The case of the person concerned 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 21st September, 2011. This Order was served by registered post dated 23rd September, 2011. Once a Deportation Order has been served, the enforcement of that Order becomes an operational matter for the Garda National Immigration Bureau.

The person concerned remains the subject of a Deportation Order, the effect of which is that he must leave the State and remain thereafter out of the State. The Deputy will appreciate that in light of the above clarification the person concerned could not be deemed to have an outstanding application for residency.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 164: To ask the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [29400/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The persons concerned are a husband and wife, who lodged separate asylum applications in 2005, and their two children who also lodged separate asylum applications in 2007 and 2009 respectively. Their respective asylum applications were refused following the consideration of their individual cases by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of their respective asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), they were separately notified, by letters dated 19th January, 2010 and the second child by letter dated 30th April, 2010, that the then Minister proposed to make Deportation Orders in respect of them. They were each 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 them. In addition, they were notified of their respective entitlements to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The persons concerned submitted individual applications for Subsidiary Protection. When consideration of these applications has been completed, the persons concerned will be notified in writing of the outcomes. In the event that the applications for Subsidiary Protection are refused, the position in the State of the persons 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. Once decisions have been made, these decisions and the consequences of the decisions will be conveyed in writing to the persons concerned.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 165: To ask the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [29401/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned has had his temporary permission to remain in the State renewed for a further three year period, to 8th April, 2014. This decision was conveyed in writing to the person concerned by letter dated 13th April, 2011.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 166: To ask the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [29403/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned has had her temporary permission to remain in the State renewed for a further three year period, to 14th April, 2014. This decision was conveyed in writing to the person concerned by letter dated 13th April, 2011.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 167: To ask the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [29404/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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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 15th April, 2009, that the then 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 a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 168: To ask the Minister for Justice and Equality the procedure to be followed in respect of an application for residency in the case of a person (details supplied); and if he will make a statement on the matter. [29405/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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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 person concerned was notified, by letter dated 9th June, 2011, 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 provisions of 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 a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

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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