Written answers

Thursday, 3 April 2014

Department of Justice and Equality

Asylum Applications

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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193. To ask the Minister for Justice and Equality the position regarding determination of residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [15927/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned arrived in the State on 12 June 2008, and applied for asylum on 13 June 2008. This application was refused on 30 April 2010.

The person concerned applied for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations 2006, Statutory Instrument No. 518 of 2006 on 18 May 2010, on which date also submitted representations against the making of a Deportation Order in this case, pursuant to Section 3 of the Immigration Act, 1999. The person concerned was notified, per letter dated 6 April 2011, that it was determined that he was not eligible for Subsidiary Protection.

Judicial Review proceedings were brought by the applicant, challenging the aforementioned determination, leave being granted in the High Court on 4 July 2011. Judgment in these proceedings was delivered on 23 March 2012, dismissing the application.

A Deportation Order was signed in respect of the person concerned on 18 April 2013, and he was informed of same on 26 April 2013. Further Judicial Review proceedings were initiated on 14 May 2013, challenging the decision to make a Deportation Order in respect of this person, and 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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194. To ask the Minister for Justice and Equality the progress made to date in examination of the background of the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [15928/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned arrived in the State on the 28 September, 2009 and claimed asylum. They were informed that a declaration of refugee status had been refused on 25 January, 2010. On the 25 August, 2010 the Ministerial Decisions Unit of INIS informed the applicant that it was proposed to make a Deportation Order in respect of him. They were also informed of the three options open to them including the right to make leave to remain representations, also included was a Subsidiary Protection application form. This letter was returned marked 'gone away' on the 26 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 on the 9 September 2010. The applicant was informed that their application for Subsidiary Protection was refused on 8 August 2011 and were informed on 30 August 2011 that it had been decided to make a Deportation Order against them. Judicial Review proceedings challenging both of these decision were brought before the High Court on 24 September 2011 and are currently ongoing. As the matter is therefore sub judice I do not propose to comment further.

A take back request was received from the United Kingdom authorities in relation to the person concerned on 26 November 2012. Ireland agreed to the take back request on 18 December 2012. On 22 March 2013 the United Kingdom authorities informed the Department that it was not possible to transfer the person concerned as the applicant has taken Judicial Review proceedings against the decision to transfer them back to Ireland and as a result the transfer has been suspended pending the outcome of these Judicial Review proceedings.

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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