Written answers
Thursday, 27 February 2014
Department of Justice and Equality
Deportation Orders
Bernard Durkan (Kildare North, Fine Gael)
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195. To ask the Minister for Justice and Equality the position regarding residency status and eligibility for long term residency/eligibility to apply for naturalisation in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [10153/14]
Alan 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 entitlement to residency in the State.
The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State.
The enforcement of the Deportation Order remains an operational matter for the Garda National Immigration Bureau.
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.
Bernard Durkan (Kildare North, Fine Gael)
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196. To ask the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied) in County Kildare in respect of whom the decision by the Refugee Applications Commissioner has been fundamentally challenged by his legal counsel; and if he will make a statement on the matter. [10154/14]
Alan Shatter (Dublin South, Fine Gael)
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The person concerned claimed asylum in the State on 12 June 2008. Following recommendations by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, his asylum application was refused on 30 April 2010. The person concerned also made an application for Subsidiary Protection under the European Communities (Eligibility for Protection) Regulations, 2006 (Statutory Instrument No. 518 of 2006) on 18 May 2010. His application was refused by my Department on 6 April 2011.
The person concerned challenged the refusal of his subsidiary protection application in judicial review proceedings and leave was granted by the High Court on 4 July 2011. Ultimately these proceedings were dismissed in the High Court in a judgment delivered on 23 March 2012.
Representations pursuant to Section 3 of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended), were submitted by and on behalf of the person concerned subsequently, against the making of a deportation order in his case. It was recommended, notwithstanding these representations, that a deportation order be issued in respect of him, and on 18 April 2013, a Deportation Order was signed.
The person concerned instituted judicial review proceedings on 14 May 2013 challenging the Deportation Order made in respect of him and accordingly, as the matter is sub judice , I do not propose 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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