Dáil Éireann Debate, Wednesday - 8 December 2004
116 Dr. Cowley asked the Minister for Justice, Equality and Law Reform the action he will take in the case of persons (details supplied); his views on whether Ireland’s immigration policies are anti-family and discriminatory; and if he will make a statement on the matter. [32608/04]
View answerThe specific persons referred to by the Deputy are a husband and wife and the wife's son. The woman concerned has an ongoing asylum application in the State which is at the appeal stage in the Office of the Refugee Appeals Tribunal. Applications for refugee status in the State are determined by independent bodies such as the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. A final decision on this application for refugee status will be made upon receipt of the decision of the Refugee Appeals Tribunal.
The husband of the woman concerned arrived in the State on 17 January 2002 and applied for asylum on the same day. 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. Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, he was informed by letter dated 5 March 2003 that the Minister proposed to make a deportation order. He was given three options, to be exercised within 15 working days. These options were to make representations to the Minister setting out the reasons he should be allowed to remain temporarily in the State; to leave the State before an order was made or to consent to the making of a deportation order.
Representations have been received setting out the reasons the person concerned should not be deported. The case file in this matter will be examined having regard to section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, as amended. I expect the file to be passed to me for decision in due course.
The son of the woman concerned arrived in the State on 17 January 2002 and claimed asylum. His application was refused and he was notified of this decision by letter of 14 November 2002. His subsequent appeal was refused and he was notified of this decision by letter of 4 April 2003 in which he was informed of the three options open to him at that point. These options were to leave the State before the Minister for Justice, Equality and Law Reform made a deportation order; to consent to the making of a deportation order; or to make written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out reasons he should not be deported and should be allowed to remain temporarily in the State.
His case was examined under section 3 of the Immigration Act 1999 and section 5 of the Refugee Act 1996, which deals with prohibition of refoulement, including consideration of all representations received on his behalf. On 26 January 2004 a deportation order was made in respect of this person. He was notified of the order by letter dated 19 February 2004 and was requested to present himself to the gardaí in order for arrangements be made for his deportation from the State. He failed to report as requested and was classified as having evaded deportation on 1 March 2004. He subsequently instituted judicial review proceedings challenging his deportation.
As these proceedings are still ongoing and one of the matters at issue concerns family unity, the Minister for Justice, Equality and Law Reform is precluded from commenting further on this sub judice case or making any general comments on the issue of family unity which could be interpreted as relating to the points at issue in this case.
