Thursday, 7 March 2013

Questions (186)

Bernard Durkan

Question:

186. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures followed to date and progress likely in respect of an application for long term residency/eligibility for naturalisation in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [12203/13]

View answer

Written answers (Question to Justice)

The person concerned is a failed asylum applicant. Arising from the refusal of her 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 30th March, 2009, that the then 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 person concerned submitted an application for subsidiary protection. When consideration of this application has been completed, the person concerned 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 the person concerned 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 fully 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 person concerned.

The Deputy might wish to note that as the person concerned has not yet had a final decision taken in her case, she does not have legal residence in the State and accordingly it is not the policy of the Irish Naturalisation and Immigration Service to facilitate travel abroad in such circumstances. However, the option of voluntary return remains open to her. In this context, and having regard for the Deputy's indication that the person concerned wishes to leave the State for a specific purpose, the Deputy should note that a formal voluntary return arrangement could only be concluded in circumstances where the person concerned leaves the State to travel to her country of origin or to another State where she holds a right of residency.

The Deputy will appreciate that as the person concerned has no current right of residency in the State, the issue of an application for naturalisation does not arise at this time. Neither would the person concerned be in a position to meet the eligibility criteria applicable to persons applying for Long Term Residency status as she does not have the required periods of lawful residency on work permit or work authorisation conditions.

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.