Dáil Éireann Debate, Thursday - 13 March 2014
170. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position regarding residency status or eligibility for potential naturalisation in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [12654/14]
View answerThe person concerned is a failed asylum applicant. Arising from the refusal of her 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 30th December, 2009, that the then Minister proposed to make a Deportation Order in respect of her. She 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 the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for subsidiary protection.
The person concerned initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. Her judicial review leave application was refused by the High Court on 25th February, 2014, meaning that the earlier decisions of the Refugee Appeals Tribunal and the then Minister stood. The Deputy might wish to note that, with the coming into force of the European Union (Subsidiary Protection) Regulations 2013, on 14th November, 2013, legal and administrative responsibility for the first instance determination of all applications for subsidiary protection has transferred to the Offices of the Refugee Applications Commissioner.
Against this background, if the person concerned wishes to have her case for subsidiary protection considered, it will be a matter for the Refugee Applications Commissioner to decide as to whether such an application could be accepted from her at this point in time. Given that the person concerned has no current right of residency in the State, the issue of an application for a Certificate of Naturalisation does not arise at this time.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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.
