Dáil Éireann Debate, Wednesday - 24 April 2013
206. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will indicate, pending decision under provision section 3(6) of the Immigration Act 1999 (as amended) and section 5 of the Refugee Act 1996 (as amended), if a decision will issue in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [19457/13]
View answerAs explained to the Deputy previously, the 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 31st October, 2000, 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 Minister setting out the reasons why a Deportation Order should not be made against him. While written representations were submitted by and on behalf of the person concerned, no final decision was made in the case at that time.
Given that there was no further contact from or on behalf of the person concerned for some considerable time, processing of his case was put on hold. However, his case file was re-activated in May, 2008 when correspondence was received from his then legal representative indicating that further representations would follow soon after. However, no further representations were submitted at that time or indeed since.
The position in the State of the person concerned will now 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. Any representations on file 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 will appreciate that there is no basis for the making of any form of an interim decision in this, or indeed any other, case and, as such, the Deputy and the person concerned should await a substantive decision, of the nature described above, being made.
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.
