Written answers

Thursday, 23 January 2014

Department of Justice and Equality

Deportation Orders Issues

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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180. To ask the Minister for Justice and Equality the position in respect of current residency status and-or eligibility for long-term residency-naturalisation in the case of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [3447/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned applied for asylum on 5 December 2007. Her application was refused by the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, the person concerned made an application for subsidiary protection pursuant to the European Communities (Eligibility for Protection) Regulations, S.I. 518 of 2006, which application was refused, and which refusal was communicated to her on 8 June 2011.

The person concerned also submitted representations pursuant to Section 3 of the Immigration Act, 1999 (as amended). However, a Deportation Order was signed in respect of the person concerned on 27 September 2011.

The person concerned applied for re-entry into the asylum process pursuant to Section 17(7) of the Refugee Act, 1996 (as amended), and this application was refused on 8 November 2012.

Judicial review proceedings were initiated on behalf of the person concerned in the High Court on 22 November 2012, challenging the refusal to allow her to re-enter the asylum process. These proceedings are ongoing.

The person concerned has also submitted an application for revocation of the Deportation Order made in respect of her, pursuant to Section 3(11) of the Immigration Act, 1999 (as amended). The Deportation Order was affirmed, per decision dated 14 February 2013.

Further judicial review proceedings were initiated on behalf of the person concerned in the High Court on 22 April 2013, challenging the decision to affirm the Deportation Order made in respect of her.

A judgment of the High Court issued on 16 September 2013, wherein the court refused, inter alia, to grant an interlocutory injunction restraining the proposed deportation of the applicant. The applicant has now taken proceedings in the Supreme Court to have the High Court judgment set aside and discharged. Accordingly, as this matter is sub judice it would not be appropriate for me to comment further.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

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