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Immigration Status

Dáil Éireann Debate, Thursday - 16 January 2014

Thursday, 16 January 2014

Questions (260)

Bernard Durkan

Question:

260. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status and-or eligibility for consideration for naturalisation or updated stamp 4 in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [2148/14]

View answer

Written answers

This applicant arrived in the State and applied for asylum on 12 June 2008. His application was refused on 30 April 2010, per recommendation of the Refugee Applications Commissioner, and this recommendation was affirmed by the Refugee Appeals Tribunal.

The applicant subsequently submitted an application for Subsidiary Protection under the European Communities (Eligibility for Protection) Regulations 2006 (Statutory Instrument No. 518 of 2006) on 18 May 2010. This application was considered, however, it was determined that the applicant is not a person eligible for subsidiary protection, and the applicant was notified of this determination on 6 April 2011.

Judicial Review proceedings were taken by the applicant in the High Court in order to challenge the refusal of his Subsidiary Protection application, on 4 July 2011. These proceedings, bearing the record number 2011 533/JR, were dismissed, per Judgment of Mr Justice Cross delivered on 23 March 2012.

Representations were submitted by the applicant and considered under section 3 of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act (as amended). A Deportation Order was subsequently made in respect of this applicant on 18 April 2013.

Further Judicial Review proceedings were initiated on 14 May 2013, challenging the decision to make a Deportation Order in respect of this applicant and accordingly, as this matter is sub judice, it would not be appropriate for me to comment further.

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