Written answers

Tuesday, 15 October 2013

Department of Justice and Equality

Deportation Orders Issues

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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283. To ask the Minister for Justice and Equality further to Parliamentary Questions Nos 198 of 26 September 2013 and 549 of 2 July 2013, the procedure to be followed to validate residency in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [43616/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I have outlined details in relation to the person concerned to the Deputy in previous Parliamentary Questions. The situation remains unchanged.

The person concerned is the subject of a Deportation Order and one of the stipulations of the Order is that the person must present to the Garda National Immigration Bureau. To date he has not presented.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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284. To ask the Minister for Justice and Equality if he will undertake a review of the residency status in the case of a person (details supplied) in Dublin 2 having particular regard to the time elapsed since the original determination of residency entitlement; and if he will make a statement on the matter. [43617/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order and therefore has no right to residency/naturalisation in the State. The Deportation Order was made following a comprehensive and thorough examination of his asylum claim and of his application to remain temporarily in the State.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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285. To ask the Minister for Justice and Equality the extent to which the residency status will be regularised and updated on humanitarian grounds in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [43618/13]

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 his 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 26th May, 2010, 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 written representations to the then Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his 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 his case. His judicial review leave application was refused by the High Court on 13th May, 2013 meaning that the earlier decisions of the Refugee Appeals Tribunal and the then Minister stood.

The position in the State of the person concerned will now 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 fully 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 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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