Tuesday, 19 February 2013

Questions (539)

Bernard Durkan

Question:

539. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will review the file in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [8106/13]

View answer

Written answers (Question to Justice)

The person concerned arrived in the State on the 28 September 2009 and claimed asylum. He was informed by the Office of the Refugee Applications Commissioner that a declaration of refugee status had been refused in respect of him on 25 January 2010. An appeal was lodged against the decision of the Commissioner to the Refugee Appeals Tribunal by the Refugee Legal Services Galway on the 10 February 2010. On 25 August 2010 the Ministerial Decisions Unit informed the applicant that it was proposed to make a Deportation Order in respect of him. He was informed of the three options now open to him including his right to make leave to remain representations, also included was a Subsidiary Protection application form. This letter was returned marked ‘gone away’ on 26 August 2010.

A Subsidiary Protection application and representations pursuant to Section 3 of the Immigration Act 1999 were made on behalf of the applicant by the Refugee Legal Services Galway on the 9 September 2010. A personal statement on behalf of the applicant in support of these applications was submitted by the RLS Galway on the 13 September 2010. The applicant was informed that his application for Subsidiary Protection was refused on 8 August 2011. He was informed on 30 August 2011 that it had been decided to make a Deportation Order against him. Judicial Review proceedings challenging both of these decision were brought before the High Court on 24 September 2011 and are currently ongoing. As the matter is therefore sub judice I do not propose to comment further.

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.