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Residency Permits.

Dáil Éireann Debate, Tuesday - 9 October 2007

Tuesday, 9 October 2007

Questions (385, 386, 387)

Pat Rabbitte

Question:

472 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the status of an application for leave to remain for a person (details supplied) in Dublin 24; when or if a decision will be made; and if he will make a statement on the matter. [22788/07]

View answer

Written answers

The person concerned arrived in the State on 28 November, 2001 and applied for asylum. His application was refused following consideration of his 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, he was informed by letter dated 23 April, 2003 that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why he 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.

On 10 October, 2006, regulations known as the European Communities (Eligibility for Protection) Regulations, 2006, S.I. No. 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.

Pat Rabbitte

Question:

473 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the status of an application for a five year residency visa or permit for a person (details supplied) in Dublin 24; if or when a decision will be made; and if he will make a statement on the matter. [22789/07]

View answer

I am informed by the Immigration Division of my Department that a decision in relation to the application for residence in the State based on EU Treaty Rights issued to the person concerned, at the above address, by registered post on 17th July 2007. The decision letter was returned to the Immigration Division of my Department by An Post marked "not called for".

The decision letter has since re-issued to the person concerned.

Pat Rabbitte

Question:

474 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the status of an application to have a certificate of registration renewed for a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [22790/07]

View answer

The person in question has previously been granted permission to remain on the basis of marriage to an Irish national. This permission has not been renewed. Judicial Review proceedings were instituted on 30 July 2007 and accordingly, as the matter is sub judice I do not propose to comment further on the matter.

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