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Asylum Applications

Dáil Éireann Debate, Thursday - 29 November 2012

Thursday, 29 November 2012

Questions (201)

Bernard Durkan

Question:

201. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 1202 of 18 September 2012, if arrangements will be made to facilitate the return to this jurisdiction of a person (details supplied) in County Dublin who inadvertently as part of a musical touring group travelled from Northern Ireland to Scotland where they are currently detained; and if he will make a statement on the matter. [53599/12]

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Written answers

The person concerned applied for asylum on 28th September, 2009 and was advised on 25th January, 2010 that the Refugee Applications Commissioner was recommending that he be refused a declaration of refugee status. His appeal to the Refugee Appeals Tribunal was heard in July, 2010. The Refugee Appeals Tribunal 'affirmed' the recommendation of the Refugee Applications Commissioner. On 8th August, 2011, the person concerned was advised that his application for Subsidiary Protection was unsuccessful.

All representations made pursuant to Section 3 (6) of the Immigration Act 1999 and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement were considered before a decision was taken to make a Deportation Order in respect of the person concerned. The Deportation Order was formally served on the person concerned by registered letter dated 30th August, 2011.

The person concerned lodged Judicial Review proceedings in the High Court on 10th October, 2011, challenging the decision to make a Deportation Order and to refuse his Subsidiary Protection application. Given that these proceedings are ongoing, it would not be appropriate to comment further on the case of the person concerned at this time.

I understand that the person concerned was encountered on 25th October, 2012 at Belfast International Airport as he was endeavouring to travel from there to the UK. I understand that contacts are ongoing between the Irish and UK immigration authorities in relation to the person concerned and once these consultations have been concluded, the person concerned will be advised as to the approach to be taken in his case.

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