Dáil Éireann Debate, Thursday - 7 February 2008
195 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the situation whereby two Iranian nationals threatened to burn themselves to death outside his Department on 30 January 2008 (details supplied); the status of their application for asylum and their prospects of success; and if he will make a statement on the matter. [4311/08]
View answerWith regard to the first named person, the Deputy will be aware that 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 myself, as Minister, as to whether such status should be granted.
A final decision on this person's application will be made upon receipt of the decision of the Refugee Appeals Tribunal.
The second named person arrived in the State on 25 August 2006 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 6 November 2007, 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 leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. In addition, he was notified that he was eligible to apply for Subsidiary Protection in accordance with regulations known as the European Communities (Eligibility for Protection) Regulations, S.I. No. 518 of 2006, which came into force on 10 October 2006. 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. The person concerned will be notified in writing of the outcome.
In the event that 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 (as amended) on the Prohibition of Refoulement. The case file of the person concerned will be passed to me for decision in due course.
