Dáil Éireann Debate, Tuesday - 10 July 2012
349 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of eligibility for residency status in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [33093/12]
View answerThe person concerned arrived in the State on 21 December 2003 and made an application for asylum the following day. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 29 October 2004, 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 he should be allowed to remain temporarily in the State. Representations were submitted on behalf of the person concerned at that time.
On 10 October 2006 the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006), came into force. The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present.
The wife of the person concerned made an application for Family Reunification on 15 February 2010. As is standard practice where an application for family reunification has been made in addition to an application for Subsidiary Protection and representations for consideration under Section 3 of the Immigration Act 1999 (as amended), the family reunification application will be considered first and a decision notified. This application was refused and the wife of the person concerned was so notified by letter dated 6 January 2012.
The person's application for Subsidiary Protection will be considered next. In the event that this application 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.
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.
