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Asylum Applications.

Dáil Éireann Debate, Thursday - 16 December 2004

Thursday, 16 December 2004

Questions (182)

Willie Penrose

Question:

182 Mr. Penrose asked the Minister for Justice, Equality and Law Reform if he has received an appeal from a person and their family (details supplied) who have made an application to stay in the State, on the basis of humanitarian grounds; if he will have same considered in the context of the evidence and references attached thereto; and if he will make a statement on the matter. [34010/04]

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Written answers

The person concerned, a Nigerian national, and her four children arrived in the State on 2 July 2001 and she applied for asylum. Her claim was refused by the Refugee Applications Commissioner and she was informed of this decision on 17 July 2002. The applicant then appealed this decision and her appeal was refused on 31 May 2004. The original recommendation is being upheld in accordance with section 3 of the Immigration Act 1999 and the family in question was informed on 19 November 2004 that it was proposed to make deportation orders in their case. They were, in accordance with the Act, given the options of making representations within 15 working days setting out reasons why they should not be deported, that is, being allowed to remain temporarily in the State; leaving the State before the orders are made; or consenting to the making of deportation orders. Representations setting out the reasons why they should not be deported were received.

I expect the case file in this matter to be submitted to me shortly for decision, after consideration of a number of factors which are specified in section 3(6) of the Immigration Act 1999, as amended. These factors include considerations relating to the common good, the person's individual family and domestic circumstances and humanitarian consideration. Consideration will also be given to the prohibition on refoulement which is contained in section 5 of the Refugee Act 1996 as amended. The person concerned will be notified of my decision as soon as possible.

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