Written answers

Wednesday, 17 September 2014

Department of Justice and Equality

Asylum Applications

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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649. To ask the Minister for Justice and Equality the position regarding the residency status in the case of a person (details supplied) in County Laois; and if she will make a statement on the matter. [34047/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy is aware, if the person has made an application for asylum or subsidiary protection, the position is that it is not the practice to comment on such applications for so long as they are in the protection process.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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651. To ask the Minister for Justice and Equality the current residency status in the case of a person (details supplied) in Dublin 2; and if she will make a statement on the matter. [34090/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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This applicant arrived in the State on 2 October 2005, having been granted a study visa, before applying for asylum on 6 November 2006. His wife entered the State on 21 May 2005, and claimed asylum on the same date, and she gave birth to a child on 6 August 2006, on whose behalf asylum was claimed on 2 October 2007.

The applicant's claim for asylum was refused on 22 January 2009. The applicant's wife was also refused asylum, on 5 March 2008. The asylum claim of the aforementioned child born in the State was also refused, on 26 January 2009.

An application for subsidiary protection was submitted on behalf of the applicant and the aforementioned child on 12 February 2009, with representations against the making of Deportation Orders in their case having been submitted on the same date. A subsidiary protection application and representations against the making of a Deportation Order were submitted on behalf of the applicant's wife on 14 March 2008. The applicant, his wife and his aforementioned child were all notified on 29 October 2010 that their applications for subsidiary protection had been refused. Deportation Orders were signed in respect of the applicant, his wife and his aforementioned child on 5 November 2010.

A second child was born in the State to the Applicant and his wife, on 12 January 2010. An asylum claim was made on behalf of this child on 6 December 2010. This claim was refused on 10 June 2011. An application for subsidiary protection, together with representations against the making of a Deportation Order, were submitted on behalf of this child on 8 July 2011. This child's application for subsidiary protection was refused on 1 October 2012, and a Deportation Order was signed in respect of her on 19 October 2012.

Judicial review proceedings were initiated in the High Court on 9 November 2011, on behalf of the applicant, his wife and his first child born in the State, seeking to challenge, among other things, the decision to refuse their applications for subsidiary protection and the decision to make Deportation Orders in respect of them. Further judicial review proceedings were initiated in the High Court on 25 January 2012, on behalf of the applicant's second child born in the State, with similar issues being challenged. As these matters are sub judice, I do not propose to comment any 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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