Wednesday, 18 September 2013

Questions (1045)

Bernard Durkan

Question:

1045. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [37205/13]

View answer

Written answers (Question to Justice)

I refer the Deputy to my reply below to Parliamentary Question No. 34146/13 of the 11 July, 2013. The position is unchanged since then:

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person concerned is the subject of a Deportation Order and is therefore illegally present in the State.

The person concerned arrived in the State on 15 May 2000 claiming to be from South Africa and claimed asylum. Her asylum claim was refused on the grounds of credibility. A Deportation Order was signed on 23 September, 2002. By letter dated 8 November, 2002 the person concerned was informed that she was required to present to the Garda National Immigration Bureau on 15 November, 2002 to make arrangements for her deportation. She failed to present and was classed as an evader.

In 2009 the person concerned made an application for a residence card on the basis of her marriage to an EU national and was given permission to remain in the State while this was considered. In 2010 the person concerned was informed that this application was unsuccessful as she had failed to demonstrate that her EU spouse was exercising his EU Treaty Rights in accordance with the requirements of the Regulation.

In 2011 the person concerned made a second asylum claim and when it was discovered that she was a dual applicant the application was withdrawn.

I am satisfied that the asylum application of the person concerned was fairly and comprehensively examined. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

As a matter of policy, I do not intend to reward persons who have failed a very fair, thorough and comprehensive asylum process, and who have then proceeded to evade their deportation.

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.