Dáil Éireann Debate, Thursday - 16 January 2014
261. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in regard to the determination of eligibility for residency or stamp 4 update in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [2149/14]
View answerThe person concerned applied for asylum in the State on 2 December, 2009. An interview under section 11 of the Refugee Act took place in relation to the person concerned with the Office of the Refugee Applications Commissioner and a report pursuant to section 13(1) of the Refugee Act, 1996 was compiled on 10 March, 2010 and recommended that the person concerned be refused a declaration of refugee status. The person concerned was informed of this recommendation by letter dated 10 March, 2010. An oral hearing of the Refuge Appeals Tribunal in relation to the person concerned was held on 26 May, 2010 and a decision refusing the appeal issued on 30 June, 2010. A letter was sent to the person concerned from the Department dated 20 August, 2010 informing him that it was proposed to make a Deportation Order in respect of him. The letter outlined the three options open to the person concerned, one being to make written representations to the Minister under Section 3 of the Immigration Act, 1999 (as amended) setting out the reasons as to why a Deportation Order should not be made. He was also informed that he was entitled to make an application for Subsidiary Protection. An application for Subsidiary Protection was subsequently made on 6th September 2010, together with representations pursuant to Section 3 of the Immigration Act 1999. Following consideration of these applications Subsidiary Protection was refused on 1st April 2011. A Deportation Order was made in respect of the person concerned on 15th July, 2011.
Judicial Review proceedings were instituted challenging both these decisions on 11 August, 2011. These proceedings are still ongoing. Accordingly, as the matter is sub judice, 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.
