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

To ask the Minister for Justice and Equality further to Parliamentary Question No. 193 of 7 March 2013, if he will re-examine the case of a person (details supplied) in Dublin 20; and if he will make a statement on the matter. [15911/13]

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

I refer the Deputy to my reply below to Parliamentary Question Number 12210/13 of 7th March 2013 and previous Questions. The situation is unchanged since then and it remains open to the applicant to avail of the process outlined at paragraph two of the reply.

The person concerned is the subject of a Deportation Order signed on 20 April 2010, following a comprehensive and thorough examination of his asylum claim and his application for subsidiary protection, and a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended). The effect of the Deportation Order is that the person concerned must leave the state and remain thereafter outside the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

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 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.

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

To ask the Minister for Justice and Equality the progress and procedure to date in the matter of examination of application for residency/eligibility for naturalisation in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [15912/13]

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

Arising from the refusal of the asylum application made by the person concerned, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), he was notified, by letter dated 13th September, 2005, 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 then Minister setting out reasons why he should not have a Deportation Order made against him. Representations were submitted on behalf of the person concerned at that time.

The person concerned was subsequently informed of his entitlement to apply for subsidiary protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. He submitted an application for subsidiary protection and, following consideration of this application, it was determined that he was not eligible for subsidiary protection. The person concerned was notified of this decision by letter dated 25th July, 2011.

The case file of the person concerned will now be considered in accordance with 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, by and on behalf of the person concerned, will be fully considered in advance of a decision being 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 should note that as the person concerned has no current right of residency in the State, he would not be in a position to meet the lawful residency criteria applicable to persons applying to my Department for a Certificate of Naturalisation.

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.