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Refugee Status.

Dáil Éireann Debate, Wednesday - 26 January 2005

Wednesday, 26 January 2005

Questions (623, 624)

Finian McGrath

Question:

687 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if the maximum support and assistance will be given to persons (details supplied) in their appeal for refugee status and to the child with a disability. [34129/04]

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Written answers

This person, a Nigerian national, arrived in the State on 14 June 2004 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. This person is the parent of an Irish born child.

Subsequently, in accordance with the Immigration Act 1999, as amended, she was informed by letter dated 6 December 2004, that it was proposed to make a deportation order in her case. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out reasons she should be allowed to remain temporarily in the State; leaving the State before the deportation order is made or consenting to the making of a deportation order.

In the normal course of events, this person's case file, including all representations submitted, falls to be considered under section 3(6) of the Immigration Act 1999, as amended, and under section 5 of the Refugee Act 1996, as amended — prohibition of refoulement. However, this person, as the parent of an Irish born child, may, if she so wishes, apply to have her application considered under the new arrangements introduced by me for the consideration of applications for permission to remain made by the non-national parents of Irish born children born before 1 January 2005. An information notice setting out details of the new arrangements and the appropriate application form is available from the Department’s website www.justice.ie. Application forms are also available from Garda district headquarters stations outside Dublin, at all reception and integration agency accommodation centres countrywide and from various non-governmental organisations working with immigrants and asylum seekers.

Fergus O'Dowd

Question:

688 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Louth will be granted permission to remain here. [34149/04]

View answer

The person in question entered the State with her daughter on 25 November 2002 and applied for asylum on the same day. She withdrew her asylum application on 4 January 2003 and applied for residency on the basis of parentage to an Irish born child. She was informed by letter dated 11 February 2004 that the Minister proposed to make a deportation order in respect of her and her child. She was given the options of making representations within 15 working days setting out the reasons she should not be deported, that is, be allowed to remain temporarily in the State; leaving the State before the order was made; or consenting to the making of the deportation order. No representations were received from or on her behalf. She was subsequently informed by letter dated 13 July 2004 that a deportation order had been signed in respect of her and her child.

On 31 July 2004, two of the applicant's children arrived in the State as unaccompanied minors and were reunited with their mother. On 24 August 2004 the applicant made a second application for asylum which then included her three children. Her claim for refugee status was refused on 6 October 2004. The applicant then appealed this decision and her appeal was refused on 7 December 2004.

The applicant was informed on 6 January 2005 that the Minister proposed to make a deportation order in respect of her and her three children. She was given the options of making representations within 15 working days along the lines already stated above.

No representations have been received to date and, ordinarily, I would expect the case file to be submitted to me for a decision in due course, irrespective of whether representations are received. However, as the applicant is the parent of an Irish born child, she may, if she so wishes, apply for permission to remain in the State in accordance with the revised arrangements, publicly announced on 15 January 2005, regarding the granting of permission to remain in the State to non-nationals who are the parents of an Irish born child born in the State before 1 January 2005. If the person concerned does so, and is successful in her application, the issue of deportation will no longer arise.

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