Written answers

Thursday, 19 May 2016

Department of Justice and Equality

Asylum Applications

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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45. To ask the Minister for Justice and Equality to review the application of a person (details supplied) for long-term residency and Stamp 4; and if she will make a statement on the matter. [11105/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, 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 arrived in the State on 13 April 2010 and made a claim for asylum, which claim ultimately was refused. The person referred to was then given the opportunity to submit an application for Subsidiary Protection, and submit representations pursuant to Section 3 of the Immigration Act 1999. No application for Subsidiary Protection was submitted by the person referred to at that time. The person referred to is the subject of a Deportation Order made on 17 September 2013 and therefore has no entitlement to residency in the State.

Since the making of the Deportation Order, the person referred to has attempted to submit an application for Subsidiary Protection, and was informed in writing by INIS that this application could not be considered, as it was made substantially out of time. Judicial Review proceedings were issued on 18 November 2013 challenging the aforementioned refusal to consider the application for Subsidiary Protection and accordingly, as the matter issub judiceI do not propose to comment further.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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46. To ask the Minister for Justice and Equality to further evaluate an application for residency status, which was previously refused, by a person (details supplied); and if she will make a statement on the matter. [11106/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, 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 signed on 4th May 2011 and therefore has no entitlement to residency in the State. The person had previously applied for asylum and Subsidiary protection, both of which have been refused. Representations were received from the personconcerned pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), on 10th February 2016 requesting that the Deportation Order be revoked. A decision has not been made to date on this request. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.

The person concerned instituted High Court proceedings challenging the refusal to grant Subsidiary Protection in their case. The High Court upheld the decision and the person concerned appealed that decision to the Supreme Court on 2nd July 2014 and accordingly, as the matter is sub judice, I do not propose to comment further.

Queries in relation to the status of individual immigration cases may be made directly to 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 INIS is, in the Deputy’s view, inadequate or too long awaited.

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