Patrick O'Donovan (Limerick, Fine Gael)
Link to this: Individually | In context

Question 175: To ask the Minister for Justice and Equality if a person's (details supplied) application for subsidiary protection will be completed.. [25746/12]

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

The person concerned lodged an asylum application on 28th February, 2005. His asylum claim was investigated by the Office of the Refugee Applications Commissioner who determined that the person concerned did not meet the criteria for recognition as a refugee. This position was notified to the person concerned by letter dated 4th August, 2005. This communication advised the person concerned of his entitlement to appeal this determination to the Office of the Refugee Appeals Tribunal within a specified period.

Following an appeal hearing by the Office of the Refugee Appeals Tribunal, the determination made by the Office of the Refugee Applications Commissioner was affirmed. The person concerned then lodged judicial review proceedings in the High Court in September, 2006 challenging the decision of the Refugee Appeals Tribunal in his case. These proceedings were settled with the consequence that the decision of the Refugee Appeals Tribunal was set-aside and the person concerned was granted a fresh hearing before a different Member of the Tribunal.

The case of the person concerned was examined by a new Member of the Tribunal who concluded that the person concerned did not meet the criteria for recognition as a refugee. This position was notified to the person concerned by letter dated 23rd April, 2010.

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 25th May, 2010, 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 reasons why a Deportation Order should not be made against him He was also 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.

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.