Dáil Éireann Debate, Thursday - 28 September 2006
125 Mr. G. Murphy asked the Tánaiste and Minister for Justice, Equality and Law Reform if a person (details supplied) in County Cork can remain in the State on humanitarian grounds; the status of application; if he will make a decision on the application; and if he will make a statement on the matter. [30322/06]
View answerThe person concerned, a Nigerian national, arrived in the State on 19 June, 2003 and applied for asylum. Her application was deemed withdrawn and subsequently refused by the Office of the Refugee Applications Commissioner on 26 September, 2003. In accordance with section 3 of the Immigration Act 1999, as amended, the person concerned was informed on 14 October, 2003 that the Minister was proposing to make a deportation order in respect of her. She was, in accordance with the Act, given the option of making representations, within 15 working days, setting out the reasons why she should not be deported i.e. be allowed to remain temporarily in the State; leaving the State before the deportation order was made; or consenting to the making of the deportation order. She applied on 24 March, 2005 for permission to remain in the State on the basis of parentage of an Irish born child born before 1 January, 2005; her application was refused on 7 December, 2005. Representations setting out reasons why she should not be deported were subsequently received. On 7 September, 2006 the applicant was again notified that the Minister was proposing to make a deportation order in respect of her.
I expect the case file in this matter to be submitted to me for decision in due course. This decision will be taken having regard to considerations specified in section 3(6) of the Immigration Act 1999, as amended. These considerations include matters relating to the common good, the person's family and domestic circumstances, as well as humanitarian considerations. Consideration will also be given to the prohibition of refoulement which is contained in section 5 of the Refugee Act 1996, as amended.
126 Mr. G. Murphy asked the Tánaiste and Minister for Justice, Equality and Law Reform if a person (details supplied) in County Cork can remain in the State on humanitarian grounds; and if he will make a statement on the matter. [30323/06]
View answerThe person concerned arrived in the State on the 20 August, 2005 and applied for asylum. Her application was refused following consideration of the 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, the applicant was informed by letter dated 12 June, 2006, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State; leaving the State before an order is made or consenting to the making of a deportation order. Representations have been received on behalf of the person concerned. A decision on this case has been made by me in the last few days and will be communicated to the person concerned as soon as possible.
127 Mr. G. Murphy asked the Tánaiste and Minister for Justice, Equality and Law Reform the status of an application to remain here on behalf of a person (details supplied) in County Cork; and if he will make a statement on the matter. [30324/06]
View answerThe person in question made an application for permission to remain in the State under the revised arrangements announced by me on 15 January 2005 for the processing of applications from the non-national parents of Irish born children born before 1 January 2005. As stated in my announcement, the closing date for the submission of applications for consideration under the revised arrangements was 31 March 2005. The person in question's application was received on 5 May 2005 and therefore, too late for consideration. She was informed on 29 November 2005 that her application for leave to remain could not be considered under the revised arrangements. Judicial Review proceedings were instituted on 20 February 2006 and accordingly, as the matter is sub judice I do not propose to comment further on the matter.
128 Mr. G. Murphy asked the Tánaiste and Minister for Justice, Equality and Law Reform the status of the right to remain application of a person (details supplied) in County Cork; and if he will make a statement on the matter. [30325/06]
View answerIt is not the practice to comment in detail on individual asylum applications. As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising 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 will be made upon receipt of the decision of the Refugee Appeals Tribunal.
