Written answers

Thursday, 16 January 2014

Department of Justice and Equality

Deportation Orders Issues

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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242. To ask the Minister for Justice and Equality the current residency position in respect of eligibility for Stamp 4 and potential eligibility for naturalisation in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [2130/14]

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 concerned is the subject of a Deportation Order following a comprehensive and thorough examination of her asylum claim. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State.

Representations were received from the person's legal representative asking that her Deportation Order be revoked, in accordance with the provisions of Section 3(11) of the Immigration Act, 1999 (as amended). This application is under consideration at present. When a decision has been made on that application the outcome of that 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 Email 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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243. To ask the Minister for Justice and Equality the current and expected residency position in the case of a person (details supplied) in County Meath; if they and their child have an entitlement to long-term residency; and if he will make a statement on the matter. [2131/14]

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 21st August, 2006, 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. Written representations have been received from, and on behalf of, the person concerned.

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 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 minor daughter of the person concerned is the subject of a separate asylum application. However, given that that particular asylum application is the subject of ongoing judicial review proceedings before the High Court, it would not be appropriate for me to make any further comment about that case at this time.

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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