Dáil Éireann Debate, Thursday - 17 January 2013
155. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency/leave to remain/eligibility for naturalisation in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [2222/13]
View answerThe person concerned is a failed asylum applicant. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 7 April, 2009, 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 then Minister setting out the reasons why he should not have a Deportation Order made against him. In addition, he was notified 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 submitted an application for subsidiary protection and, following consideration of this application, it was determined that he was not eligible for subsidiary protection. The person concerned was notified of this decision by letter dated 30 May, 2011.
The case file of the person concerned, including all representations submitted, will now be considered under 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. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.
The Deputy should note that as the person concerned has no current right of residency in the State, he would not be in a position to meet the lawful residency criteria applicable to persons applying to my Department for a Certificate of Naturalisation.
Regarding this person's General Practitioner (GP) having requested a move to alternative accommodation, the Reception and Integration Agency (RIA) has indicated that no such request has been sent to that agency. Furthermore, the RIA has indicated that the person concerned was accommodated at his current accommodation centre following a request for placement there on medical grounds. If, however, the person concerned wishes to transfer to alternative accommodation, he should write to the RIA, PO Box 11487, Dublin 2, providing relevant medical or other documentation in support of such a request and it will be given due consideration.
Queries regarding 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.
