Dáil Éireann Debate, Thursday - 13 November 2014
119. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to residency status in the case of a person (details supplied) in County Waterford; and if she will make a statement on the matter. [43636/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned had a Deportation Order made against them on 20th September, 2011, following the refusal of their asylum application, at both first instance and on appeal, the refusal of their application for subsidiary protection and the detailed consideration of their case under 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. This Order was formally served on the person concerned by letter dated 22nd September, 2011.
The person concerned lodged judicial review proceedings in the High Court, challenging the decisions to refuse their application for subsidiary protection and to make a Deportation Order in respect of them. These proceedings were 'settled' by agreement between the parties. The agreed Terms of Settlement provided for, among other things, the revocation of the Deportation Order and the setting aside of the subsidiary protection refusal decision. The Deportation Order was revoked on 14th September, 2012.
The person concerned was issued with a fresh notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended) on 12th July, 2013 which made them aware of the option of lodging a fresh application for subsidiary protection and fresh written representations for consideration under Section 3 (6) of the Immigration Act 1999 (as amended).
In the event that a new application for subsidiary protection has been lodged, this will fall to be determined by the Offices of the Refugee Applications Commissioner and, if appropriate, the Refugee Appeals Tribunal. The person concerned is not the subject of a Deportation Order at present and indeed no consideration can be given to the making of a Deportation Order in respect of the person concerned until any outstanding protection issues have been determined.
I am satisfied that all actions taken by the Irish Naturalisation and Immigration Service have been in accordance with the agreed Terms of Settlement of the earlier judicial review proceedings.
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.
