Dáil Éireann Debate, Thursday - 29 November 2012
195. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and or expected position in the matter of residency or eligibility for naturalisation in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [53593/12]
View answerThe family concerned encompasses a father, a mother and their three young children. The father applied for asylum on 3rd November, 2007. The mother applied for asylum on 3rd April, 2006, an application which included her eldest child as a child dependant, while the second and third children are the subject of individual asylum applications lodged on 20th January, 2009 and 12th July, 2010 respectively.
All the asylum applications have been formally refused. In the context of the father's, the mother's and the second child's cases, they proceeded to apply for Subsidiary Protection with the mother's application again including her eldest child as part of her application. Following the consideration of these individual applications, it was determined that the persons concerned were not eligible for Subsidiary Protection. The persons concerned were notified of these decisions by individual letters dated 22nd June, 2011. The decision in the mother's case applied equally to her child dependant.
The position in the State of the four persons concerned now fall 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, including those of a medical nature, will be considered before final decisions are made. Once decisions have been made, these decisions, and the consequences of the decisions, will be conveyed in writing to the four persons concerned.
In relation to the case of the youngest child, an infant, she was notified, by letter dated 13th August, 2012, that the 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 the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.
The youngest child has submitted an application for Subsidiary Protection. When consideration of this application has been completed, she will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of this youngest child 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 child 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.
