Dáil Éireann Debate, Thursday - 28 March 2013
200. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress and procedure to date in the matter of examination of an application for residency-eligibility for naturalisation in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [15912/13]
View answerArising from the refusal of the asylum application made by the person concerned, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), he was notified, by letter dated 13th September, 2005, 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 reasons why he should not have a Deportation Order made against him. Representations were submitted on behalf of the person concerned at that time.
The person concerned was subsequently informed of his entitlement to apply for subsidiary protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. He 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 25th July, 2011.
The case file of the person concerned will now be considered in accordance with 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, by and on behalf of the person concerned, will be fully considered in advance of a decision being 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 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.
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.
