Tuesday, 23 June 2009

Questions (294, 295, 296, 297)

Aengus Ó Snodaigh

Question:

309 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the position regarding the applications of persons (details supplied) in County Tipperary; the reason for the delay in processing the application; and if his attention has been drawn to the fact that the children have been attending schools locally. [24997/09]

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

The persons concerned arrived in the State on various dates and applied for asylum. Their applications were refused following consideration of their cases 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 persons concerned were informed in writing that the Minister proposed to make Deportation Orders in respect of them. The persons concerned 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 i.e. why they should not be deported.

The persons concerned were notified of their entitlement to apply for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006. Subsequently applications for Subsidiary Protection were made on behalf of the persons concerned by their legal representative. Following consideration of the information submitted, the applications were refused. The persons concerned and their legal representative were notified of this decision in writing.

Their cases were then examined 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. Consideration was given to representations submitted on their behalf by their legal representative for permission to remain in the State. On 27 May 2009, I refused permission to remain temporarily in the State and instead signed Deportation Orders in respect of the persons concerned. Notice of these orders were served by registered post which oblige the persons concerned to leave the State. To this end the persons concerned are required to present themselves at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on Tuesday 30 June 2009 in order to make travel arrangements for their removal from the State.

I am satisfied that the applications made by the persons concerned, for temporary leave to remain in the State and for Subsidiary Protection, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport them is justified. The effect of the Deportation Orders is that the persons concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Orders is, and remains, an operational matter for the GNIB.

Mary O'Rourke

Question:

310 Deputy Mary O’Rourke asked the Minister for Justice, Equality and Law Reform if he will review the case of a person (details supplied) in County Westmeath; and the position regarding same. [25011/09]

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The person concerned arrived in the State on 9 June 2006, accompanied by her infant son, and applied for asylum. On 24 June 2006 she gave birth to another son and included him in her asylum application. Their application was refused following consideration of their 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 18 April 2007, that the Minister proposed to make Deportation Orders in respect of her and her family. The person concerned and her family 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 i.e. why they should not be deported.

She was notified of her entitlement to apply for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006. By correspondence dated 8 May 2007, an application for Subsidiary Protection was made on behalf of the person concerned by her legal representative. Following consideration of the information submitted, the application was refused. The person concerned and her legal representative were notified of this decision by letter dated 25 September 2008.

Her case was then examined 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. Consideration was given to representations submitted on her behalf by her legal representative for permission to remain in the State. On 12 November 2008, I refused permission to remain temporarily in the State and instead signed Deportation Orders in respect of the person concerned and her two sons. Notice of these orders was served by registered post requiring the person concerned and her family to present themselves at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on Tuesday 2 December 2008 in order to make travel arrangements for their removal from the State.

I am satisfied that the applications made by the person concerned and her family for asylum, for temporary leave to remain in the State and for Subsidiary Protection, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport them is justified. The effect of the Deportation Orders is that the person concerned and her family must leave the State and remain thereafter out of the State. The enforcement of the Deportation Orders is, and remains, an operational matter for the GNIB.

Mary O'Rourke

Question:

311 Deputy Mary O’Rourke asked the Minister for Justice, Equality and Law Reform the position regarding the case of a person (details supplied) in County Westmeath who is seeking leave to remain here on humanitarian grounds. [25012/09]

View answer

The person concerned applied for asylum on 20 July 2006. Her application was refused following consideration of her case 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 person concerned was informed, by letter dated 21 May 2009, that the Minister proposed to make a Deportation Order in respect of her. She 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 she should be allowed to remain temporarily in the State. In addition, she was notified of her 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 person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. 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, will then be considered under Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of theRefugee Act 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the case file of the person concerned will be passed to me for decision.

Mary O'Rourke

Question:

312 Deputy Mary O’Rourke asked the Minister for Justice, Equality and Law Reform if he will review the case of a person (details supplied) in County Westmeath and the position regarding same. [25013/09]

View answer

The person concerned applied for asylum on 17 April 2007. His application was refused following consideration of his case 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 person concerned was informed, by letter dated 9 February 2009, 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 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).

The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. 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, will then 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 this latter consideration has been completed, the case file is passed to me for decision.