Written answers

Thursday, 14 November 2013

Department of Justice and Equality

Asylum Applications

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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150. To ask the Minister for Justice and Equality if he has studied the content of the original report in respect of determination of residency status in the case of a person (details supplied) in County Dublin with particular reference to their well-founded concerns in respect of their well-being in view of the concern expressed by the United Nations in respect of the treatment of lesbian, gay, bisexual and transgender people in their home country; and if he will make a statement on the matter. [48744/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned arrived in the State on the 28th September 2009 and claimed asylum which was refused by the Office of the Refugee Applications Commissioner and on appeal by the Refugee Appeals Tribunal. On the 25th August 2010 the Ministerial Decisions Unit informed the applicant in writing that it was proposed to make a Deportation Order in respect of him. This letter was returned marked ‘gone away’ on the 26th August 2010.

A Subsidiary Protection application and representations pursuant to Section 3 of the Immigration Act 1999 were made on behalf of the applicant by the Refugee Legal Services Galway on the 9th September 2010. All documents submitted by the applicant and his legal representative along with all papers on file were fully considered by the Minister and the applicant was informed that his application for Subsidiary Protection was refused on 8th August 2011. He was informed on 30th August 2011 that it had been decided to make a Deportation Order against him. Judicial Review proceedings challenging both of these decision were brought before the High Court on 24th September 2011 and are currently ongoing. As the matter is therefore sub judice I do not propose to comment 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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