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Asylum Applications.

Dáil Éireann Debate, Wednesday - 1 July 2009

Wednesday, 1 July 2009

Questions (165, 166, 167, 168)

Finian McGrath

Question:

184 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support the case of a person (details supplied). [26548/09]

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

I refer the Deputy to the Reply given to his Parliamentary Question No. 147 on Wednesday 11 March 2009. The status of the person concerned remains largely as set out in that Reply. However submitted with the previous Question was an application by the person concerned seeking the revocation of his Deportation Order pursuant to Section 3 (11) of the Immigration Act, 1999, as amended. Following consideration of the information submitted, the Deportation Order was affirmed and the person concerned was notified of this decision by letter dated 30 April 2009.

Mary O'Rourke

Question:

185 Deputy Mary O’Rourke asked the Minister for Justice, Equality and Law Reform if she will review the case of persons (details supplied) in County Westmeath. [26559/09]

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I refer the Deputy to my detailed Reply to Parliamentary Question No. 166 of Tuesday, 7 April 2009, in this matter. The position in the State of the persons concerned is as set out in that Reply.

Mary O'Rourke

Question:

186 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. [26560/09]

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The person concerned applied for asylum in the State on 17 November 2004. Her two children were included in her application. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner. The person concerned then lodged Judicial Review Proceedings in the High Court challenging the determination of the Office of the Refugee Applications Commissioner that she not be declared to be a refugee. Following the resolution of these Proceedings, the person concerned was afforded a fresh consideration of her asylum claim by the Office of the Refugee Applications Commissioner. This further consideration took place but again the Office of the Refugee Applications Commissioner concluded that the person concerned did not meet the criteria for recognition as a refugee. The person concerned appealed this recommendation to the Refugee Appeals Tribunal who affirmed the earlier recommendation.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 13 February 2008, that the Minister proposed to make Deportation Orders in respect of her and her children. She was 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 she and her children 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 the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the case file of the person concerned is passed to me for decision.

Mary O'Rourke

Question:

187 Deputy Mary O’Rourke asked the Minister for Justice, Equality and Law Reform if he will review the case of persons (details supplied) in County Westmeath. [26561/09]

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The first named person concerned and the second named person concerned are a husband and wife. The first named person concerned applied for asylum on 25 April 2007. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner. The person concerned withdrew his appeal to the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the first named person concerned was informed, by letter dated 28 January 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 first named 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 first named 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.

The second named person concerned and her young child applied for asylum in the State on 25 April 2007. The child was included in her mother's asylum application. The second named person concerned subsequently gave birth to another child. This child was also included in her mother's application for asylum. The application was refused following consideration of her 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 21 August 2008, that the Minister proposed to make Deportation Orders in respect of her and her children. She was 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 she and her children 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 the Refugee 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.

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