Thursday, 4 November 2004

Questions (174, 175)

Bernard J. Durkan

Question:

171 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he will defer plans to deport a person (details supplied) in County Mayo; if his attention has been drawn to the life threatening situation to which this family is likely to exposed in the event of proceeding with the proposed deportation; and if he will make a statement on the matter. [27693/04]

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

As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the office of the refugee applications commissioner and the refugee appeals tribunal. A final decision on this application for refugee status will be made upon receipt of the decision of the refugee appeals tribunal. Accordingly, at this stage the question of deportation does not arise.

Bernard J. Durkan

Question:

172 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he will reconsider the application for refugee status in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [27708/04]

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The person in question, accompanied by her daughter, arrived in the State on 16 April, 2003 and claimed asylum. I should explain that in the asylum process, a claim for refugee status by a child is considered in tandem with that of a parent. Following an interview, the Office of the Refugee Applications Commissioner recommended that she should not be declared as a refugee and she was notified of this recommendation on 30 December 2003. This recommendation was appealed to the Refugee Appeals Tribunal. Following an oral hearing, the original recommendation was affirmed and she was informed of this decision on 28 April, 2004.

In accordance with section 3 of the Immigration Act 1999, as amended, the mother was informed on 27 September 2004, that it was proposed to make a deportation order in her case and that of her daughter. She was given the options of making representations within 15 working days setting out the reasons as to why they should not be deported; leaving the State voluntarily before orders were made; or consenting to the making of deportation orders. On 19 October 2004, representations were received on behalf of both mother and daughter from their legal representatives requesting humanitarian leave to remain in the State and including medical reports in relation to both as well as country of origin information.

The case file will now be considered by my Department taking account of section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 dealing with prohibition ofrefoulement. The file will be submitted to me for decision shortly and the persons concerned will then be informed of the outcome.