Written answers

Tuesday, 2 October 2012

Department of Justice and Equality

Asylum Applications

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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To ask the Minister for Justice and Equality if he will reconsider the decision to deport a person (details supplied) and to consider whether this person should be provided with subsidiary protection. [41886/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Following the refusal of this individual's application for a declaration as a refugee, he made an application for subsidiary protection. This was considered and refused. His case was then examined under the provisions of Section 3 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 by or on behalf of the individual concerned were considered in full. Following consideration of those representations, a Deportation Order was made against the individual concerned. A copy of the decision, together with the detailed submissions made under Section 3 of the Immigration Act 1999 (as amended) were issued to the individual concerned and copied to his legal representative.

I am satisfied that the application for asylum made by the person concerned was fairly and comprehensively examined before a decision to refuse it was arrived at. I am equally satisfied that the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended), together with all refoulement issues, were given the fullest consideration before his Deportation Order was made. This being the case, the decision to deport him is justified.

However, if new information or circumstances have come to light, which have a direct bearing on his case and which have arisen since the original decision to affirm the Deportation Order was made, there remains the option of applying to me for revocation of the Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999, as amended. However I wish to make clear that such an application would require substantial grounds to be successful.

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.

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