Dáil Éireann Debate, Thursday - 26 January 2012
185 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status and entitlement in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [4704/12]
View answerThe person is currently residing in the State on a Stamp 5 which remains valid until his current passport expires on 2 June 2016. The endorsement permits the holder to reside in the State, to work without a work permit and to operate a business without the permission of the Minister once they register it with their local immigration office. Further information regarding the endorsement may be found at www.inis.gov.ie/immigration.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to the INIS 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.
186 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and/or likely residency status in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [4705/12]
View answerThe first and second named persons concerned applied for asylum on 1st March, 2004, and 18th March, 2004, respectively. In accordance with the provisions of Section 9 of the Refugee Act 1996 (as amended), they were entitled to remain in the State until their individual applications for asylum were decided. Their asylum applications were refused following the consideration of their individual cases by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
Arising from the refusal of the asylum application made by the first named person concerned, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), he was notified, by letter dated 13th September, 2005, 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 reasons why he should not have a Deportation Order made against him. Representations were submitted on behalf of the first named person concerned at that time.
The first named person concerned was subsequently informed of his entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. He submitted an application for Subsidiary Protection and, following consideration of this application, it was determined that he was not eligible for Subsidiary Protection. The first named person concerned was notified of this decision by letter dated 25th July, 2011.
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.
Arising from the refusal of asylum application made by the second named person concerned, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), she was notified, by letter dated 27th August, 2009, that the then 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 reasons why a Deportation Order should not be made against her. She was also notified of her entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.
The position in the State of the second named person concerned now falls to 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 second named person concerned.
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.
