Dáil Éireann Debate, Wednesday - 26 September 2007
973 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when he expects to make a decision on whether to allow a person (details supplied) in County Cork to remain temporarily in the State; and if he will make a statement on the matter. [20338/07]
View answerI refer the Deputy to Parliamentary Question No. 120 of Thursday, 29 March, 2007 and the written reply to that question.
The person concerned arrived in the State on 21 June, 2002 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.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, she was informed by letter dated 28 January, 2004, 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 were received on behalf of the person concerned.
On 10th October, 2006, regulations known as the European Communities (Eligibility for Protection) Regulations 2006, S.I. 518 of 2006, came into force. The person concerned submitted an application for subsidiary protection in the State in accordance with these Regulations and this application will be considered in due course.
If the subsidiary protection application is refused, the case file of the person concerned, including all representations submitted, will be considered under Section 3(6) of the Immigration Act, 1999, as amended, and Section 5 of the Refugee Act, 1996 (Prohibition of Refoulement). I expect the file to be passed to me for decision in due course.
974 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [20339/07]
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 & 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.
