Dáil Éireann Debate, Wednesday - 8 December 2004
142 Mr. Durkan asked the Minister for Justice, Equality and Law Reform further to Parliamentary Questions the reason he was compelled to defer the deportation of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [32730/04]
View answerDetails of this case were given in my replies to previous Parliamentary Questions Nos. 201 — ref.: 30700/04; 406 — ref.: 28912/04; 113 — ref.: 27228/04; 295 — ref.: 26184/04; 165 — ref.: 24718/04; 427 and 437 — ref.: 23525/04 and 23565/04 and dated 24, 17 and 3 November and 5, 13 and 27 October 2004 respectively.
In my replies of 27 and 13 October 2004, I advised the House that this person has been given a temporary stay of six months on the effecting of the deportation order made against her while her case is being reviewed further by my Department. In my reply of 17 November, I advised the House that on further examination of the case, I decided to grant this person temporary leave to remain for a period of 12 months with her case being reviewed at the end of that period.
Applications by individuals for leave to remain in the State are dealt with on a case by case basis with the merits or otherwise of each application being examined singularly. The granting of leave to remain may arise from a number of factors without any one being predominant. For these reasons, it is not the practice to comment on individual cases.
As stated in my reply of 3 and 17 November, the decision not to proceed with the effecting of the deportation order in this case arose from matters unrelated to this person's asylum application. I am satisfied that the decision of the Refugee Applications Commissioner and the Refugee Appeals Tribunal not to recommend the granting of refugee status in this case was correct and there is no threat to the safety of this person if she were returned to her country of origin. Further, no issue arises in this case which warrants any amendment to the existing relevant legislation.
