Dáil Éireann Debate, Tuesday - 26 March 2013
426. Deputy Michael McNamara asked the Minister for Justice and Equality when a decision on subsidiary protection and leave to remain will issue in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [14847/13]
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 17th July, 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 a Deportation Order should not be 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 initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in his case. The judicial review proceedings were struck out on 8th February, 2013 meaning that the earlier decisions of the Refugee Appeals Tribunal and the Minister stood.
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 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.
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.
