Thursday, 8 November 2012

Questions (257)

Bernard Durkan


257. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 1217 of 18 September 2012, if the notification of deportation proposal taken on 29 January 2008 or at an earlier date, 30 September 2005, if the applicant made subsequent representations arising therefrom the current status of any such representations; and if he will make a statement on the matter. [49379/12]

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Written answers (Question to Justice)

I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person concerned was notified of the then Minister's proposal to make a Deportation Order in respect of him by letter dated 30th September, 2005. The person concerned was later notified, by letter dated 6th April, 2011, 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 has lodged an application for Subsidiary Protection and has also submitted a number of representations in support of his case to remain in the State. The application for Subsidiary Protection will be considered first. 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 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 thank the Deputy for bringing the matter to my attention and am happy to clarify the position as set-out above.