Tuesday, 10 February 2004

Questions (340, 341)

John McGuinness

Question:

416 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Kilkenny will be given permission to remain here on medical grounds; and if an appeal in their case will be expedited. [3755/04]

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Written answers (Question to Minister for Justice, Equality and Law Reform)

: The person concerned entered the State on 26 April 2002 and applied for asylum on 29 April 2002. The Refugee Applications Commissioner recommended that his claim be refused and he was informed of this recommendation on 11 October 2002. He appealed this recommendation on 18 November 2002. The refugee appeals tribunal affirmed the recommendation and he was informed of this decision on 18 July 2003.

In accordance with section 3 of the Immigration Act 1999 he was informed on 10 September 2003 that it was proposed to make a deportation order in respect of him and was told that he could make written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out reasons why he should be allowed to remain in the State; voluntarily leave the State; or consent to deportation. An application for leave to remain was received on 1 October 2003 and I expect the case file to be submitted to me for a decision shortly.

John McGuinness

Question:

417 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if he will reconsider the decision given in the case of a person (details supplied) in County Kilkenny to allow them to remain in the State on humanitarian grounds; and if he will make a statement on the matter. [3756/04]

View answer

The person referred to by the Deputy was refused refugee status in the State following consideration of his case by the refugee applications commissioner and on appeal by the refugee appeals tribunal. In accordance with section 3 of the Immigration Act 1999, he was informed that it was proposed to make a deportation order in respect of him and he was given the following options: to make written representations within 15 working days setting out reasons why he should be allowed to remain in the State, to voluntarily leave the State or to consent to deportation.

Following an examination of his case, including all representations received from him and on his behalf, under section 3(6) of the Immigration Act 1999 and section 5 of the Refugee Act 1996 — prohibition ofrefoulement — a deportation order issued in his respect on 11 December 2003. The repatriation of this person, responsibility for which rests with the Garda national immigration bureau, must now proceed.