Thursday, 18 April 2013

Questions (198)

Bernard Durkan

Question:

198. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the matter of determination of eligibility for residency status/naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [18138/13]

View answer

Written answers (Question to Justice)

The person concerned had a Deportation Order made against him, following the refusal of his asylum application and his application for Subsidiary Protection and the subsequent consideration of his case under Section 3 (6) of the Immigration Act 1999 (as amended). He lodged judicial review proceedings in the High Court, challenging the decision to make a Deportation Order against him. These proceedings were 'settled' on the basis that the case would be re-considered by the Irish Naturalisation and Immigration Service.

Should this lead to a new application for Subsidiary Protection being lodged and 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.

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.