Dáil Éireann Debate, Thursday - 1 December 2011
144 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which circumstances relating to residency in the case of a person (details supplied) in County Galway have been examined in view of the full extent of circumstances prevailing in the person's homeland including the death of family members; the extent to which such circumstances will be examined in detail; and if he will make a statement on the matter. [38227/11]
View answerThe person concerned is a failed asylum applicant. Arising from the refusal of his 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 15th July, 2010, that the then 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. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned submitted an application for Subsidiary Protection. 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 a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.
I am satisfied that the State has a very fair and comprehensive mechanism in place for the consideration of all asylum applications and, as such, I am satisfied that the asylum application made by the person concerned was properly considered before a decision to refuse it was taken. I am equally satisfied that any future decision taken in the context of the case of the person concerned will have regard for all relevant factors.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.
145 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will examine the circumstances in the application against refoulement in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [38228/11]
View answerThe individual concerned claimed asylum in 2005 and the issue of refoulement was considered in the context of that asylum claim, which was ultimately rejected by the Office of the Refugee Applications Commissioner. The refusal of the asylum claim was upheld on appeal to the Refugee Appeals Tribunal. Following the refusal of her asylum claim, the applicant's legal representatives submitted representations under Section 3 of the Immigration Act 1999 (as amended), which included material in relation to Section 5 of the Refugee Act 1996 on the prohibition of refoulement. I am satisfied that the representations submitted for consideration under Section 5 of the Refugee Act 1996, (as amended) on the prohibition of refoulement, were given the fullest consideration before a Deportation Order was made against this person.
The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. As this person has not yet complied with the requirements of the Deportation Order and has remained in the State in contravention of the Deportation Order, the enforcement of that Order is now an operational matter for the Garda National Immigration Bureau.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail 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 information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
