Dáil Éireann Debate, Tuesday - 30 November 2004
411 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of an application in the name of a person (details supplied) in County Kilkenny; the timeframe for dealing with the application; and if he will make a statement on the matter. [30996/04]
View answerThe person concerned arrived in the State on 19 July 2003 and claimed asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
In accordance with section 3 of the Immigration Act 1999, as amended, the person concerned was informed on 11 November 2004 that it was proposed to make a deportation order in respect of him and he was given the following options: to leave the State before the Minister decided whether to make a deportation order in respect of him; to consent to the making of a deportation order in respect of him; or to make written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out reasons as to why he should not be deported, that is, why he should be allowed to remain temporarily in the State.
His case will be considered in due course under section 3 of the Immigration Act 1999 as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement. All representations received from, or on behalf of the person concerned, will be taken into consideration in reaching a decision in his case.
412 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in County Kilkenny; and if a decision in this case will be expedited. [30997/04]
View answerThe person in question arrived in the State on 28 March 2002 and claimed asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and on appeal by the Refugee Appeals Tribunal.
In accordance with section 3 of the Immigration Act 1999, as amended, the person was notified on 28 March 2003 that the Minister was proposing to make a deportation order in respect of him and he was given the following options: to make written representations within 15 working days to the Minister for Justice, Equality and law Reform setting out the reasons why he should be allowed to remain in the State, to voluntarily leave the State or to consent to a deportation order. An application for leave to remain in the State was received from his legal representative on 10 April 2003.
Following consideration of his case under section 3 of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement, a deportation order was made in respect of him on 30 July 2004. The person concerned failed to report as requested to the Garda national immigration bureau and was recorded as having evaded deportation on 28 September 2004.
As an evader he is liable to arrest and detention under section 5 of the Immigration Act 1999, as amended, for the purposes of ensuring his removal from the State. The person who is the subject of this question would be best advised to present himself without delay to the Garda national immigration bureau for the purpose of making arrangements for his removal from the State.
413 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform when an interview will be arranged for a person (details supplied) in County Kilkenny relative to their application to stay here; the timeframe involved in the process; and if he will make a statement on the matter. [30998/04]
View answerApplications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner, ORAC, and the Refugee Appeals Tribunal, RAT, which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. While it is not practice to comment in detail on individual asylum applications, I have been informed that an interview will be scheduled by the ORAC for the applicant in question to take place at the end of January 2005.
414 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if a decision will be expedited in the case of a person (details supplied) in County Kilkenny. [30999/04]
View answerI refer the Deputy to my reply to Question No. 492 of 19 October 2004.
On 2 November 2004, representations were received on behalf of the person concerned. This person's case file will now 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 shortly and the person concerned will then be informed of the outcome
415 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the length of time it will take to reach a decision in the case of a person (details supplied) in County Kilkenny; and if a decision will be expedited. [31000/04]
View answerUnder 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. 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 Refugee Applications Commissioner.
