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

Question 192: 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 Cork; the degree to which medical issues were considered in their case; and if he will make a statement on the matter. [30505/11]

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

The person concerned arrived in the State on 10th May, 2008 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

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 30th July, 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 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 her. This Order was served by registered post dated 16th March, 2011.

I am satisfied that the asylum and immigration case of the person concerned was comprehensively examined under all of the relevant headings before a decision was taken to make a Deportation Order against her. I am equally satisfied that all representations submitted, including those of a medical nature, were fully considered in advance of a final decision being taken. As a result, I see no justification to re-visit the case of the person concerned.

The person concerned remains the subject of a Deportation Order. As a result, she is legally obliged to comply with any reporting requirements placed on her by the Garda National Immigration Bureau. As the Deputy will be aware, 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 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.

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

Question 193: To ask the Minister for Justice and Equality the current or expected position in respect of an application in the case of a person (details supplied) in County Cork who won two cases against a deportation order; and if he will make a statement on the matter. [30506/11]

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

The position in the State of the person concerned now falls to 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.

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

Question 194: 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 Limerick; and if he will make a statement on the matter. [30507/11]

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

The person concerned is a failed asylum applicant. He was advised of the formal refusal of his asylum claim by letter dated 24th November, 2006.

The person concerned proceeded to apply for Subsidiary Protection and this application was refused, a position notified to him by letter dated 19th August, 2009. His representations pursuant to Section 3 of the Immigration Act 1999 (as amended) were then considered under all the relevant headings before a Deportation Order was made in respect of him. This Order was served by registered post dated 22nd September, 2009 which placed a legal obligation on the person concerned to comply with any reporting requirements placed on him by the Garda National Immigration Bureau.

As the person concerned has failed to meet the reporting requirements placed on him, he is now deemed to be evading his deportation and, as such, he is liable to arrest and detention for the purposes of effecting his deportation from the State.

The Deputy will appreciate that in light of the above clarification the person concerned could not be deemed to have an outstanding residency application.

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.