Dáil Éireann Debate, Tuesday - 27 April 2004
686 Mr. Penrose asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) was not granted residential status, despite the fact that this person is a veterinary surgeon by profession; if he will have this decision reviewed; and if he will make a statement on the matter. [11201/04]
View answerI am informed that no application for residency has been lodged in respect of the person in question. However, my Department is aware that the person in question has made an application for a declaration of refugee status. As the Deputy will be aware, under the Refugee Act 1996, two independent statutory offices were established to consider applications and appeals for refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted.
These two offices are the Office of the Refugee Applications Commissioner, which considers applications for a declaration as a refugee at first instance and the Refugee Appeals Tribunal, which considers applications for a declaration at appeal stage. A final decision will be made in this case upon receipt of the recommendation of the Office of the Refugee Applications Commissioner.
687 Mr. Penrose asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) in County Westmeath was not granted residential status despite the fact that their family have obtained same and in view of the fact that this person is an orthodontist by profession; if he will have this decision reviewed; and if he will make a statement on the matter. [11202/04]
View answerThe person concerned entered the State on 16 March 2001 and claimed asylum. The Office of the Refugee Applications Commissioner recommended that he should not be declared as a refugee and he was notified of this recommendation on 8 April 2002 and informed that he could appeal the recommendation within 15 working days. No appeal was submitted against this recommendation within the permitted time limits.
The person concerned was notified on 21 June 2002 that the Minister had decided not to declare him a refugee and was proposing to deport him, and was accordingly giving consideration to his case under section 3 of the Immigration Act 1999. In addition, he was informed that he had 15 working days from the date of the letter to make written representations setting out the reasons as to why he should be allowed leave to remain in the State. I expect the case file to be submitted to me shortly for decision. This decision will be taken after consideration of a number of factors which are specified in section 3(6) of the Immigration Act 1999, as amended.
