Written answers

Tuesday, 1 October 2013

Department of Justice and Equality

Asylum Applications

Photo of Jim DalyJim Daly (Cork South West, Fine Gael)
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498. To ask the Minister for Justice and Equality if he will provide an update in relation to correspondence furnished to his office; and if he will make a statement on the matter. [40724/13]

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 27th February, 2009, 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 written representations to the then Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was 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 initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. Her judicial review leave application was refused by the High Court on 11th April, 2013 meaning that the earlier decisions of the Refugee Appeals Tribunal and the then Minister stood. The person concerned has submitted an application for subsidiary protection. However, this application could not be determined while the judicial review proceedings were before the High Court. Now that those proceedings have been disposed of, consideration can be given to the subsidiary protection application. When this consideration 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.

The Deputy will appreciate that the principal reason for the delay in having the case of the person concerned processed to completion was owing to the existence of judicial review proceedings before the High Court. Now that those proceedings have been disposed of, the case of the person concerned can be further considered. Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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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