Dáil Éireann Debate, Wednesday - 18 September 2013
1081. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in determination of an application for leave to remain in the state under 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 in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [37660/13]
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 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 written 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 notified 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 will be fully considered in advance of a final decision being made. Once a final 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.
