Dáil Éireann Debate, Thursday - 15 May 2014
209. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding eligibility to residency-updated stamp 4 in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [22082/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, arising from the refusal of the asylum application of the person concerned, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 5th December, 2008, that the then Minister proposed to make a Deportation Order in respect of them. The person concerned 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 in respect of them. In addition, they were notified of their 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 their case. The judicial review proceedings were struck out on 12th October, 2010, meaning that the earlier decisions of the Refugee Appeals Tribunal and the then Minister stood.
The position in the State of the person concerned 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. Any 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 the person concerned.
In the event that any of the family members of the person concerned have made applications for asylum or subsidiary protection, the Deputy will appreciate that it is not the practice to comment on such applications for so long as they remain in the asylum or protection processes.
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.
