Tuesday, 19 October 2004

Questions (351, 352)

John McGuinness

Question:

491 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of an application to stay in the State on humanitarian grounds in the name of a person (details supplied) in County Kilkenny; and when a decision will be made in this case. [25505/04]

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

I refer the Deputy to my reply to Question No. 521 of 15 June 2004 regarding the same person. The case file was since submitted to me and was considered within the terms set out in section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement. Having assessed the case, a deportation order was signed in respect of the person concerned on 26 August, 2004. The enforcing of this order is now an operational matter for the Garda National Immigration Bureau.

John McGuinness

Question:

492 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if an application to stay in this country on humanitarian grounds in the name of a person (details supplied) will be approved; if this person’s status will be clarified; and if he will make a statement on the matter. [25506/04]

View answer

The person in question arrived in the State on 6 June 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 15 March 2004. He appealed this recommendation to the Refugee Appeals Tribunal. Following an oral hearing, the original recommendation was affirmed and he was informed of this decision on 28 September 2004. In accordance with section 3 of the Immigration Act 1999, as amended, the person concerned was informed on 11 October 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 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. To date, no response has been received from or on behalf of the person concerned. This person's case file will be considered taking account of section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement. The file will be submitted to me for decision in due course.