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Residency Permits.

Dáil Éireann Debate, Thursday - 5 March 2009

Thursday, 5 March 2009

Questions (142, 143, 144)

Bernard J. Durkan

Question:

140 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if further consideration will be given regarding determination of the application for residency status in respect of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [9450/09]

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Written answers (Question to Minister for Justice, Equality and Law Reform)

I refer the Deputy to Parliamentary Question No. 129 of Thursday, 20 November 2008, and the written Reply to that Question. The immigration case histories and up to date positions of the three persons concerned, a husband, wife and child, are almost identical. Accordingly, for the purposes of the Deputy's Question, I will deal with the three cases as one. The persons concerned applied for asylum on 2 July 2007. Their applications were refused following consideration of their cases by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the persons concerned were informed, by letter dated 18 February 2008 in the case of the first named person concerned and by letter dated 15 February 2008 in the cases of the second and third named persons concerned, that the Minister proposed to make Deportation Orders in respect of them. They were given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why they should be allowed to remain temporarily in the State. In addition, they were notified of their 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).

The persons concerned submitted applications for Subsidiary Protection in the State in accordance with these Regulations and, following consideration of these applications, it was determined that the persons concerned were not eligible for Subsidiary Protection in the State. The persons concerned were notified of these decisions by letters dated 15 October 2008.

The case files of the persons concerned, including all representations submitted, will now 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. When these considerations have been completed, the case files of the persons concerned are passed to me for decision.

Bernard J. Durkan

Question:

141 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in respect of an application for residency for a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [9451/09]

View answer

The person concerned has been granted temporary Leave to Remain in the State for a three year period, to 23 May 2010. This decision was conveyed in writing to the person concerned by letter dated 23 May 2007.

Bernard J. Durkan

Question:

142 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in respect of an application for residency by a person (details supplied) in County Limerick; and if he will make a statement on the matter. [9452/09]

View answer

I refer the Deputy to my detailed Reply to his recent Parliamentary Question, No. 662 of Tuesday 27 January 2009, in this matter. The position in the State of the person concerned is as set out in that Reply.

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