Written answers

Tuesday, 11 December 2012

Department of Justice and Equality

Proposed Legislation

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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To ask the Minister for Justice and Equality the way in which he will address the decision in the European Court of Justice MM case in the intervening period before the publication of a new Immigration Bill. [54464/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service that in this case M.M. instituted judicial review proceedings in respect of a negative decision on his application for subsidiary protection. When the case was heard in the High Court, the presiding Judge decided to refer a question of law for clarification to the European Court of Justice.

On 22 November 2012, the European Court of Justice responded. The matter is now back before the presiding Judge in the High Court. As the Deputy will appreciate, the matter is sub judice, so I am precluded from commenting on the case pending the outcome of the judicial review proceedings.

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