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Immigration Status

Dáil Éireann Debate, Thursday - 26 September 2013

Thursday, 26 September 2013

Questions (190)

Bernard Durkan

Question:

190. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding examination and determination of residency/eligibility for naturalisation in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [40335/13]

View answer

Written answers

The person concerned arrived in the State on 25 January 2004 and claimed asylum the following day. The Office of the Refugee Applications Commissioner considered the claim and recommended that he not be declared a refugee on 3 May 2005. He was notified of the ORAC recommendation on 26 May 2005. An appeal of the ORAC recommendation was submitted to the Refugee Appeals Tribunal on 14 June 2005. The RAT affirmed the ORAC recommendation on 4 November 2008 and the decision that he was not declared a refugee was notified to him on 12 November 2008.

On 14 January 2009, he was issued with a letter inviting him to make an application for Subsidiary Protection and giving him an opportunity to make representations pursuant to Section 3 of the Immigration Act to state reasons as to why a Deportation Order should not be made in his case. He applied for Subsidiary Protection on 4 February 2009 and made representations to remain in the State on 17 September 2009. Following consideration of these applications Subsidiary Protection was refused, and a Deportation Order was signed and was issued on the 11th September 2011. Judicial Review proceedings were lodged in the High Court on 22nd September 2011 challenging both decisions. As these proceedings are currently ongoing the matter is therefore sub judice and I do not propose to comment further.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

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