Dáil Éireann Debate, Wednesday - 29 September 2004
1129 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of an application to stay here in the name of a person (details supplied) in County Kilkenny; and if a decision in the case will be expedited. [22434/04]
View answerAs the Deputy will be aware, under the Refugee Act 1996, two independent statutory offices were established to consider applications or appeals for refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. The 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 Refugee Applications Commissioner.
1130 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of an application to stay here in the name of a person (details supplied) in County Kilkenny; and if a decision will be expedited in the case. [22435/04]
View answerThe person referred to by the Deputy entered the State on 13 December 2000 and applied for refugee status. He was interviewed by the Office of the Refugee Applications Commissioner on 22 January 2001 and was refused refugee status in the State. He was notified of this refusal on 1 April 2001 and subsequently appealed this recommendation to the Refugee Appeals Tribunal. Following an oral hearing on 3 October 2001, his appeal was rejected and the original recommendation affirmed. He was informed of the decision of the Refugee Appeals Tribunal on 1 November 2001.
In accordance with section 3 of the Immigration Act 1999, as amended, the person in question was informed on 28 November 2001 that it was proposed to make a deportation order in respect of him. He was given the options of making written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out reasons he should not be deported, of voluntarily leaving the State or of consenting to deportation. An application for leave to remain in the State was received from his legal representatives on 20 December, 2001. The case was considered under section 3 of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, which deals with the prohibition of refoulement. A deportation order was signed in respect of the person in question on 27 July 2004. Enforcement of the deportation order is a matter for the Garda National Immigration Bureau and arrangements are being put in place to deport him.
1131 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of an application to stay here in the name of a person (details supplied) in County Kilkenny; and if a decision will be expedited in the case. [22436/04]
View answerThe Deputy will be aware that under the Refugee Act 1996, two independent statutory offices were established to consider applications or appeals for refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. The 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 on receipt of the recommendation of the Refugee Applications Commissioner.
1132 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of an application to stay here in the name of a person (details supplied) in County Kilkenny; and if a decision will be expedited in the case. [22437/04]
View answerThe Deputy will be aware that under the Refugee Act 1996, two independent statutory offices were established to consider applications or appeals for refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. The 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 on receipt of the decision of the Refugee Appeals Tribunal.
1133 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of an application to stay here in the name of a person (details supplied) in County Kilkenny; and if a decision will be expedited in the case. [22438/04]
View answerThe person in question arrived in the State on 1 May 2002 and applied for refugee status on that date. Following an interview on 7 October 2002, the Office of the Refugee Applications Commissioner recommended that he should not be declared a refugee and he was notified of this recommendation on 25 March 2003. He appealed this recommendation to the Refugee Appeals Tribunal and following an oral hearing on 29 July 2003, the original recommendation was affirmed. He was informed of this decision on 31 July 2003.
In accordance with section 3 of the Immigration Act, 1999, as amended, 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, leaving the State voluntarily before an order was made or consenting to the making of a deportation order. Representations were received on behalf of the person concerned on 9 October 2003.
The person's case file must be considered in accordance with section 3(6) of the Immigration Act, 1999 and section 5 of the Refugee Act 1996, which deals with the prohibition of refoulement. The file will be submitted to me for decision in due course and the person concerned will be informed of the outcome accordingly.
