Dáil Éireann Debate, Tuesday - 15 June 2004
521 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if the appropriate identification documents will issue to a person (details supplied) in County Kilkenny; if this person will be permitted to stay here; the status of their application; and the timeframe for dealing with their application. [17625/04]
View answerThe person in question arrived in the State on 19 March 2003 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 3 December 2003. The person in question appealed this recommendation to the Refugee Appeals Tribunal. Following a hearing, the original recommendation was affirmed and he was informed of this decision on 19 January 2004.
In accordance with section 3 of the Immigration Act 1999, as amended, the person concerned was informed on 27 January 2004 that it was proposed to make a deportation order in his case. He was given the options of making 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, to voluntarily leave the State or to consent to the making of a deportation order. Representations have been received on behalf of the person concerned. This person's case file will be considered within the terms set out in section 3(6) of the Immigration Act 1999 and section 5 of the Refugee Act 1996 — prohibition of refoulement. I expect his case file to be submitted to me for consideration shortly.
522 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if an appeal to stay here on humanitarian grounds will be expedited in the name of a person (details supplied) in County Kilkenny. [17631/04]
View answerThe person in question arrived in the State on 1 May 2002 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 25 March 2003. The person in question appealed the recommendation to the Refugee Appeals Tribunal. Following an oral hearing, the original recommendation was affirmed and he was informed of this decision on 31 July 2003. In accordance with section 3 of the Immigration Act 1999, the person concerned was informed on 12 September 2003 that it was proposed to make a deportation order in his case. He was given the options of making representations within 15 working days setting out the reasons as to why he should not be deported, but instead be allowed to remain temporarily in the State, leaving the State voluntarily before the order was made or consenting to the making of a deportation order. Representations have been received on behalf of the person concerned. This person's case file will be considered within the terms of section 3(6) of the Immigration Act 1999 and section 5 of the Refugee Act 1996 — prohibition of refoulement. I expect his case file to be submitted to me for consideration shortly.
523 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of an application to stay here in the name of persons (details supplied); and if he will make a statement on the matter. [17632/04]
View answerThe person concerned arrived in the State in November 2001 with her two sons and two daughters and made an asylum application. Her husband arrived in the State the following month, December 2001, and made an asylum application. On 9 April 2002 she gave birth. The couple withdrew their asylum applications and applied for residency on the basis of parentage of the Irish-born child. Following the decision of the Supreme Court in the cases of L and O, the separate procedure which existed to allow persons to apply to reside in the State on the sole basis of parentage of an Irish-born child ended on 19 February 2003. The Government decided that the separate procedure would not apply to cases which were outstanding on that date. There are a large number of such cases outstanding at present, including the case to which the Deputy refers.
As the persons in question do not have an alternative legal basis for remaining in this jurisdiction, the issue of permission to remain will be considered, but only in the context of a ministerial proposal to deport them. If the Minister decides not to make a deportation order in the light of representations received and the range of factors set out in section 3(6) of the Immigration Act 1999, the persons in question will be given leave to remain on a humanitarian basis. I am unable to say at this stage when the file will be examined because of the large number of such cases on hand.
