Written answers

Wednesday, 16 January 2013

Department of Justice and Equality

Asylum Applications

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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To ask the Minister for Justice and Equality the position regarding immigration status in respect of a person (details supplied) in Dublin 3. [1594/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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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 30th May, 2008, 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. She was also 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 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. At that point, all representations submitted, including the information included with the Deputy's Question, 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.

The Deputy might wish to note also that a representative of the Irish Naturalisation and Immigration Service wrote to the person concerned on 9th January, 2013 requesting specific information relating to her personal and domestic circumstances. Upon receipt of the requested information, the position in the State of the person concerned can be considered further.

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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