Thursday, 5 July 2012

Questions (121)

Finian McGrath

Question:

121 Deputy Finian McGrath asked the Minister for Justice and Equality if he will support the case of a person (details supplied). [32837/12]

View answer

Written answers (Question to Minister for Justice and Equality)

The person concerned entered the State on 17 October 2002. She registered with the Immigration authorities on 7 January 2003 and was given further permission to remain on student conditions. In May 2004 due to poor attendance at college she was refused further permission and since then has been in the State without the permission of the Minister. The person concerned gave birth to her son in the State on 15 March 2007.

On the 9 August 2011 an application for change of status pursuant to Section 4(7) of the Immigration Act, 2004 was submitted by the legal representative of the person concerned and her son. This application was refused and the persons concerned notified by letter dated 2 March 2012. Consequently, in accordance with Section 3 of the Immigration Act 1999, the person concerned and her son were notified, by letter dated 12 June, 2012, that the Minister proposed to make Deportation Orders in respect of them. They were 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 they should not have Deportation Orders made against them.

The position in the State of the persons concerned and her son 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 a final decision is made. This case is currently under consideration and a decision will be conveyed in writing to the persons concerned shortly.

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.