Dáil Éireann Debate, Thursday - 31 March 2011
73 Deputy Jack Wall asked the Minister for Justice and Law Reform the position regarding a person (details supplied) in County Kildare; the procedure he or she must follow to obtain a resident permit; and if he will make a statement on the matter. [6297/11]
View answerThe person concerned was granted permission to remain in the State on 17th September, 2001, for an initial twelve month period, on the basis of his parentage of an Irish citizen child. This permission was renewed on a number of occasions, most recently to 17th September, 2009.
Arising from the conviction of the person concerned in the United Kingdom, for an immigration related offence, which resulted in a custodial sentence being handed down in that jurisdiction, allied to the fact that he was no longer living as part of a family unit with his Irish citizen child, the person concerned was notified, by letter dated 28th October, 2009, that, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), 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 a Deportation Order should not be made against him. Representations have been received on behalf of the person concerned.
The position in the State of the person concerned will now 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. In advance of a final decision being made, the case of the person concerned will be examined to determine what, if any, impact the recent European Court of Justice Judgment in the Belgian Zambrano case may have on his case.
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.
74 Deputy Gerald Nash asked the Minister for Justice and Law Reform the reasons for the delay in processing an application for a subsidiary protection order in respect of a person (details supplied) in County Meath; if he will grant such an order to the person concerned; and if he will make a statement on the matter. [6347/11]
View answerThe persons concerned are a husband, his wife and the couple's three children. The husband and wife lodged separate asylum applications on 24th January, 2005. The first and second named children were included in their mother's asylum application meaning that any decision taken in relation to her applied equally to the two children. The third named child made a separate asylum application on 15th March, 2007.
The second named person concerned initiated Judicial Review Proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. The High Court refused the Judicial Review Leave Application with the consequence that the earlier decision of the Refugee Appeals Tribunal stood.
Arising from the refusal of their respective asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), they were separately notified, the husband and wife by letters dated 30th March, 2009 and the third named child by letter dated 20th February, 2009, that the Minister proposed to make Deportation Orders in respect of them. They were each 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 Deportation Orders should not be made against them. In addition, they were notified of their respective entitlements to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.
The persons concerned submitted applications for Subsidiary Protection and, following the separate consideration of these applications, it was determined that the persons concerned were not eligible for Subsidiary Protection. The persons concerned were notified of these decisions by separate letters dated 25th March, 2011. The position in the State of the persons concerned will now 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 files are passed to me for decision. Once decisions have been made, these decisions and the consequences of the decisions will be conveyed in writing to the persons 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.
