Dáil Éireann Debate, Wednesday - 24 September 2008
826 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if an application for residency status will be reviewed in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [29816/08]
View answerI refer the Deputy to Parliamentary Question No. 217 of Thursday, 3 July 2008 and the written Reply to that Question.
The person concerned arrived in the State on 14 June 2007 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner. The determination of the Refugee Applications Commissioner was conveyed in writing to the person concerned by letter dated 23 January 2008. This communication advised the person concerned of his entitlement, within a stated timeframe, to appeal this determination to the Refugee Appeals Tribunal but the person concerned chose not to do so.
On 12 March 2008, the person concerned formally withdrew from the asylum process and indicated a wish to return voluntarily to his country of origin, following which contact was established with the Office of the International Organisation for Migration (IOM) with a view to the necessary voluntary return arrangements being made. However, despite my Department and the IOM approving the voluntary return request of the person concerned, the IOM advised my Department, by a communication dated 23 June 2008, that it had lost contact with the person concerned and, as such, it could not proceed with his voluntary return arrangement. The person concerned should note that this option remains open to him should he decide to pursue same.
Based on the recommendation of the Refugee Applications Commissioner and the voluntary withdrawal of the person concerned from the asylum process, and in accordance with the appropriate provisions of the Refugee Act, 1996 (as amended) and the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 28 March 2008, that the Minister was refusing him a declaration of refugee status and also proposed to make a deportation order in respect of him. In line with legal and procedural requirements, the person concerned 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 of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). On 7 April 2007, an application for Subsidiary Protection in the State was received from the person concerned as was an application for leave to remain temporarily in the State.
The Subsidiary Protection application will be considered first. When consideration of this application has been completed, 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, is passed to me for decision.
