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

Question 407: To ask the Minister for Justice and Equality if extended residency status will be granted in the case of a person (details supplied) in Dublin 11; and if he will make a statement on the matter. [37160/11]

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

The person concerned is a failed asylum applicant. 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 17th June, 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, including those of a medical nature, 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.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.

Ann Phelan (Carlow-Kilkenny, Labour)
Link to this: Individually | In context

Question 408: To ask the Minister for Justice and Equality if he will examine the application for refugee status in respect of a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [37164/11]

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

The person concerned applied for asylum on 13th February, 2004. As part of the process of having her asylum claims investigated, the person concerned was invited to attend for interview at the Office of the Refugee Applications Commissioner on 18th August, 2004. The person concerned did not attend for interview on this date, nor did she furnish an explanation for her failure to attend. Consequently, she was informed, by letter dated 25th August, 2004, that the Refugee Applications Commissioner was recommending to the then Minister that she should not be declared to be a refugee, in accordance with the provisions of Section 13 of the Refugee Act 1996 (as amended). The person concerned was also informed that there was no appeal against such a recommendation. The then Minister, on foot of the recommendation referred to, formally refused the asylum application by letter dated 16th September, 2004. This communication also advised the person concerned 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 then Minister setting out the reasons why a Deportation Order should not be made against her.

On 28th April, 2008 a formal "take back" request was received from the United Kingdom (UK) immigration authorities in respect of the person concerned in accordance with Article 16(1)(e) of Council Regulation (EC) 343 of 2003 on the basis that the person concerned was in the UK without permission since circa March 2004. This request was accepted and arrangements were made for the formal return of the person concerned from the UK on 10th July, 2008.

On 29th January, 2009, the legal representative of the person concerned made an application under Section 17 (7) of the Refugee Act 1996 (as amended) requesting that the person concerned be re-admitted to the asylum process. This application was refused and the refusal decision was notified by letter dated 31st March, 2009. This communication also advised the legal representative of the person concerned of her entitlement to make 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. 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.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.