Dáil Éireann Debate, Wednesday - 29 September 2010
964 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [32572/10]
View answerThe person concerned applied for asylum in 2003 but subsequently withdrew that application and appears to have left the State around that time. In May 2008 she lodged an application for residency in the State based on parentage of an Irish citizen child but as there was no stand alone measure for the consideration of such applications in place at that time, her application was rejected and she was notified in writing to this effect in June 2008. Given that she had no legal basis to remain in the State, the person concerned was notified, by letter dated 24 June 2008, of the proposal to make a Deportation Order against her, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended). She was advised of the options open to her as a result which included the facility to submit, within a period of 15 working days, written representations setting out reasons why she should not be deported. She was also notified of her entitlement to make an application for Subsidiary Protection. The person concerned submitted an application for Subsidiary Protection and, following consideration of this application, a decision was made to refuse that application. This decision was conveyed to the person concerned by letter dated 28 May 2009.
The case of the person concerned, including all representations submitted, was then 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 a Deportation Order was made in respect of her on 11 June 2009. This Order was served by registered post dated 3 July 2009. On 15 July 2009, the person concerned lodged judicial review proceedings in the High Court challenging the decision to make a Deportation Order against her. As these proceedings are ongoing, it would not be appropriate for me to comment further on the case at this time. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
965 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [32573/10]
View answerArising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 30 May 2007, 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 a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for Subsidiary Protection and this 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 application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
