Written answers

Thursday, 20 October 2011

Department of Justice, Equality and Defence

Asylum Applications

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 184: 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 2; and if he will make a statement on the matter. [30497/11]

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 24th August, 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 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 e-mail 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 185: To ask the Minister for Justice and Equality if and when residency will be granted in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [30498/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned arrived in the State on 18 October, 2006 and applied for asylum on the following day. The Refugee Applications Commissioner refused her a declaration of refugee status. This decision was subsequently upheld by the Refugee Appeals Tribunal. She was determined not eligible for Subsidiary Protection and following consideration of her case under Section 3 of the Immigration Act 1999, as amended, a Deportation Order was made in respect of her, which was notified to her on 12 September, 2011.

The person concerned instituted Judicial Review proceedings on 22 September, 2011 challenging the Deportation Order made in respect of her 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 e-mail 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 186: 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 22; and if he will make a statement on the matter. [30499/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned arrived in the State on 25 January,2004 and applied for asylum on the following day. The Refugee Applications Commissioner refused him a declaration of refugee status. This decision was subsequently upheld by the Refugee Appeals Tribunal. He was determined not eligible for subsidiary protection and following consideration of his case under Section 3 of the Immigration Act 1999, as amended a Deportation Order was made in respect of him, which was notified to him on 12 September, 2011.

The person concerned instituted Judicial Review proceedings on 22 September,2011 challenging 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 e-mail 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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