The first named person concerned applied for asylum on 17th 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.
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 first named person concerned was notified, by letter dated 9th February, 2009, 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 then Minister setting out reasons why he should not have a Deportation Order made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.
The first named person concerned submitted an application for Subsidiary Protection and, following consideration of this application, it was determined that he was not eligible for Subsidiary Protection. He was notified of this decision by letter dated 17th July, 2009. The case file of the first named person concerned, including all representations submitted, will now 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. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the first named person concerned.
The second named person concerned arrived in the State in June, 2006, accompanied by her infant child, and applied for asylum. This child was included in his mother's asylum application, as was another child who was born in the State later that year. The asylum application was refused following consideration of the case by the Office of the Refugee Applications Commissioner, and, on appeal, the Refugee Appeals Tribunal.
Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the second named person concerned was notified, by letter dated 18th April, 2007, that the then 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 reasons why they should not have Deportation Orders made against them. She was also advised of her entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.
The second named person concerned lodged an application for Subsidiary Protection. Following consideration of the information submitted, the application was refused. The second named person concerned was notified of this decision by letter dated 25th September, 2008.
The case of the second named person concerned 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 all representations submitted by and on behalf of the second named person concerned. On 12th November 2008, the then Minister made Deportation Orders in respect of the second named person concerned and her two children. These Orders were served by registered post which placed a legal obligation on the persons concerned to ‘present' at the Offices of the Garda National Immigration Bureau (GNIB) in order to make arrangements for their removal from the State. The Deportation Orders remain in place. The effect of the Deportation Orders is that the second named person concerned and her children must leave the State and remain thereafter out of the State. The Deputy will appreciate that once a Deportation Order has been served, the enforcement of such an Order is an operational matter for the GNIB.
I am satisfied that the individual asylum applications made by the persons concerned were fairly and comprehensively examined under all the relevant headings before decisions to refuse them were taken. The Deputy should also note that copies of the determinations made in their individual cases were given to the persons concerned so it will have been made clear to them as to the reasoning behind the determinations made.
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.
