Dáil Éireann Debate, Thursday - 15 May 2008
217 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 Waterford; and if he will make a statement on the matter. [19214/08]
View answerThe person concerned arrived in the State on 26 October 2004 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), the person concerned was informed, by letter dated 10 March 2005, 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. Representations were submitted on behalf of the person concerned.
Following consideration of his case under Section 3 of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended), a deportation order was signed in respect of the person concerned on 21 July 2005. On 12 September 2005, an application for revocation of the deportation order, under Section 3 (11) of the Immigration Act 1999 (as amended), was submitted on behalf of the person concerned. Additionally, on 21 September 2005, Judicial Review Proceedings were initiated on behalf of the person concerned. The Judicial Review Proceedings were settled with one of the terms of this settlement being that the case file of the person concerned would be re-examined. Pending this re-examination of the case of the person concerned, the deportation order was revoked. The case file of the person concerned will again 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, before the file is passed to me for decision.
218 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in County Waterford; and if he will make a statement on the matter. [19215/08]
View answerI am informed by the Immigration Division of my Department that the persons in question have initiated judicial review proceedings relating to their application for residence in the State. Accordingly, as the matter is sub-judice, it would not be appropriate for me to comment on the matter.
