Dáil Éireann Debate, Tuesday - 18 December 2012
462. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will set out the sequence of events and progress made to date in the determination of residency status and or eligibility for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [56233/12]
View answerThe person concerned applied for asylum on 24 October, 2005. She has given birth to two children in Ireland. The first child was born on 19 January, 2006. Another child was born on 2 October, 2008. Both children claimed asylum in this State on 1 June, 2010.
An interview under section 11 of the Refugee Act took place on 29 November, 2005 in relation to the person concerned with the Office of the Refugee Applications Commissioner. A report pursuant to section 13(1) of the Refugee Act, 1996 was compiled on 30 November, 2005 and recommended that the person concerned be refused a declaration of refugee status. The person concerned was informed of this recommendation by letter dated 2 December, 2005.
Two separate interviews under section 11 of the Refugee Act took place on 30 June, 2010 in relation to the children with the Office of the Refugee Applications Commissioner. Two separate reports pursuant to section 13(1) of the Refugee Act, 1996 were compiled on 30 November, 2005 and recommended that the children be refused a declaration of refugee status. The children were informed of these recommendations by letters dated 13 July, 2010.
A letter was sent to the person concerned from the Department dated 14 October, 2009 informing her that it was proposed to make a Deportation Order in respect of her. Similar letters were sent to the children on 14 October, 2010. The letters outlined the three options open to each applicant, one being to make written representations to the Minister under Section 3 of the Immigration Act, 1999 (as amended) setting out the reasons as to why Deportation Orders should not be made. Each applicant was given fifteen working days to respond. Deportation Orders were made in respect of the person concerned and the children on 23 November, 2011.
Judicial Review proceedings were instituted on 7 December, 2011 and were struck out on consent on 22 October, 2012. It was agreed to revoke the Deportation Order against the person concerned only. It was further agreed that fresh representations pursuant to section 3 of the Immigration Act 1999 (as amended) will be considered. An undertaking not to deport has been given until the determination on the fresh representations and the Applicants’ solicitor was notified of same.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
