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 189: To ask the Minister for Justice and Equality the current or expected position with respect to an application for residency in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [29426/11]

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 15th May, 2009, 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 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 190: To ask the Minister for Justice and Equality the position regarding 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. [29427/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned is a failed asylum applicant. 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 10th March, 2005, 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.

Representations were submitted by the person concerned at that time. On 27th May, 2010 the person concerned submitted an application for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. 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 191: To ask the Minister for Justice and Equality the position regarding an application for residency in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [29428/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I refer the Deputy to my detailed Reply to his earlier Parliamentary Question, No. 282 on Tuesday, 12th April, 2011. The up to date position is that the case of the person concerned was considered under Section 3 (11) of the Immigration Act 1999 (as amended). The outcome of that consideration was the earlier decision to make a Deportation Order in respect of the person concerned was affirmed. The person concerned remains the subject of a Deportation Order and, as such, she is legally obliged to comply with any reporting requirements placed on her by 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 192: To ask the Minister for Justice and Equality the position regarding an application for residency in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [29429/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned arrived in the State on 9th January, 2002 and applied for asylum. The Refugee Applications Commissioner refused him a declaration of refugee status. This decision was subsequently upheld by the Refugee Appeals Tribunal. A Deportation Order was made in respect of him on 26th August, 2004 and affirmed on 30th June 2011. The person concerned instituted Judicial Review proceedings on 20th July 2011 challenging the Deportation Order made in respect of him and the refusal to revoke it 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 193: 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. [29430/11]

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 18th February, 2002, 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. Representations have been received from and on behalf of the person concerned.

The person concerned applied for permission to remain in the State on the basis of being a parent of an Irish born citizen child, born before 1st January, 2005, in accordance with the revised arrangements announced by the then Minister on 15th January, 2005, commonly referred to as the IBC/05 scheme. His application was refused as he did not meet the Scheme's good character requirements. He was notified of this decision by letter dated 8th September, 2005. By letter dated 26th January, 2010, the person concerned 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. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the Subsidiary Protection application 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. In advance of a final decision being made, the case of the person concerned will be examined to determine what, if any, impact the European Court of Justice Judgment in the Zambrano case may have on his case. 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 194: 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 Dublin 15; and if he will make a statement on the matter. [29431/11]

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 16th March, 2011, that the Minister proposed to make Deportation Orders in respect of her and her child. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against her and her child. 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, and that of her child, 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 195: 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 Dublin 11; if residency will be granted on humanitarian grounds in view of the special needs of the child; and if he will make a statement on the matter. [29432/11]

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 19th August, 2010, that the then Minister proposed to make Deportation Orders in respect of her and her two children. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against her and her two children. 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, and that of her two children, 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 196: 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 Dublin 15; and if he will make a statement on the matter. [29433/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I refer the Deputy to my detailed Reply - details of which follow - to his earlier Parliamentary Question, No. 383 of Tuesday, 17th May, 2011. 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 16th March, 2005, 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.

On 2nd August, 2006, a formal "take back" request was received from the United Kingdom in respect of the person concerned in accordance with Article 16(1)(e) of Council Regulation (EC) 343 of 2003. This request was made because the person concerned had made an application for asylum in the United Kingdom. This request was accepted by Ireland and arrangements were made for his return from the United Kingdom to Ireland on 14th August, 2006.

The position in the State of the person concerned will now 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.

It is noted that the address of the person concerned as supplied by the Deputy does not match the address currently on record in my Department for the person concerned. As it is incumbent on an applicant to notify my Department when they change address, the person concerned should inform my Department of his up to date address without further delay.

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 197: To ask the Minister for Justice and Equality the procedures to be followed in respect of reviewing an application for residency in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [29434/11]

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 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 21st 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 which placed a legal obligation on the person concerned to comply with any reporting requirements placed on her by the Garda National Immigration Bureau. 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.

The case of the person concerned was given careful and detailed consideration at all stages of the asylum and immigration processes. All representations submitted by and on behalf of the person concerned were given the fullest consideration before the decision to make a Deportation Order was taken. Against this background, I see no reason to re-visit the case of 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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