Written answers

Wednesday, 18 September 2013

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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1117. To ask the Minister for Justice and Equality the progress made to date in the determination of residency status in the case of a person (details supplied) in Dublin 5; and if he will make a statement on the matter. [38586/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned had a Deportation Order made against him, on 3rd June, 2010, following the refusal of his asylum application and his application for subsidiary protection and the subsequent detailed consideration of his case under Section 3 (6) of the Immigration Act 1999 (as amended). The person concerned lodged judicial review proceedings in the High Court, challenging the decision to make a Deportation Order and the refusal of his subsidiary protection application. These proceedings were settled by agreement on the basis that the case of the person concerned would be re-considered by the Irish Naturalisation and Immigration Service. The Deportation Order made on 3rd June, 2010 was formally revoked on 11th April, 2013.

The person concerned has submitted a fresh 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 final 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.

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