Dáil Éireann Debate, Thursday - 3 April 2014
183. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status, leave to remain and-or eligibility for naturalisation in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [15917/14]
View answerI am advised by the Irish Naturalisation and Immigration Service of my Department that the 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 6th April, 2009, that the then Minister proposed to make a Deportation Order in respect of them. 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 18th December, 2013 meaning that the earlier decisions of the Refugee Appeals Tribunal and the then Minister stood. They have since submitted written representations pursuant to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and their position in the State will now be decided by reference to 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 considered before a final decision is made. Once a final decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to them.
In relation to the second person referred to by the Deputy, a minor child of the referred to above, if they have made an application for asylum or subsidiary protection, the position is that it is not the practice to comment on such applications for so long as they are in the protection process.
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.
