Dessie Ellis (Dublin North West, Sinn Fein)
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295. To ask the Minister for Justice and Equality if her attention has been drawn to the fact that the departments within the Irish Naturalisation and Immigration Service dealing with requests to stay under subsidiary protection and the good to go scheme, respectively, are doing so without any co-operation resulting in applicants receiving deportation order letters which are not correct; and if she will work to end this practice which is a waste of resources as well as a source of great concern for applicants. [36978/14]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that in every instance where an application for subsidiary protection is lodged, this application must be concluded by way of a formal ministerial decision letter. Such decision letters are issued, on my behalf, by the INIS Ministerial Decisions Unit. This position will apply regardless of whether an application for subsidiary protection is being 'granted' or 'refused'.

There are a number of outcomes of the subsidiary protection process - refusal following the substantive consideration of the application, 'refused withdrawn' after the voluntary withdrawal of the application by the applicant or 'refused deemed withdrawn' where the applicant fails to co-operate with the process. In all such cases, the decision letter will include a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), unless there are circumstances where the applicant has a separate permission to remain in the State.

I am advised that in the cases referred to by the Deputy, leave to remain decisions have yet to be made in those cases. I am also advised that the persons concerned did not lodge applications for subsidiary protection.

Given that the persons concerned had no separate valid basis to remain in the State, and leave to remain decisions had yet to be made, the provisions of Section 3 of the Immigration Act 1999 (as amended) were applied to their cases. However, I have asked my officials in the INIS to review the wording of such decision letters.