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Dáil Éireann díospóireacht -
Wednesday, 3 Oct 2001

Vol. 541 No. 2

Written Answers. - Asylum Applications.

John McGuinness

Ceist:

885 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of an appeal by a person (details supplied). [21605/01]

I am informed that the person in question applied for asylum in Ireland on 5 February 2001. I am further informed that, on investigation, it transpired that the person con cerned had previously applied for asylum in the United Kingdom in January of 2001 but had left the UK before a substantive decision was made in his case. Accordingly, the Refugee Applications Commissioner decided on 3 July 2001 to recommend his return to the UK in line with the provisions of article 8 of the Dublin Convention. The person concerned appealed this decision and the Refugee Appeals Tribunal decided to affirm the decision of the Refugee Applications Commissioner in this case on 27 July 2001. I signed a deportation order in respect of the person concerned on 20 August 2001 approving transfer to the UK in accordance with the terms of the Dublin Convention. Subsequently, legal representatives of the person obtained an interim injunction to prevent the deportation to the UK after they initiated legal proceedings. These proceedings were struck out by the High Court on 19 September last and costs were awarded to the State. The person concerned was requested to present himself for his transfer to the UK on 1 October but failed to do so. Accordingly, he is now considered to have evaded the deportation order made in his case.

John McGuinness

Ceist:

886 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the reason for the delay in reaching a decision regarding the case of a person (details supplied) in County Waterford; and if he will expedite this person's application and issue a decision without further delay. [21606/01]

The Refugee Act, 1996, as amended by the Immigration Act, 1999 and the Illegal Immigrants Trafficking Act, 2000, was commenced in full on 20 November 2000. Under the Act, two independent statutory offices were established to consider applications/appeals for refugee status and to make recommendations to the Minister on whether such status should be granted. These two offices are the Office of the Refugee Applications Commissioner, which considers applications for a declaration as a refugee at first instance and the Refugee Appeals Tribunal which considers applications for a declaration at appeal stage.

A decision on the application in question will be made upon receipt of the recommendation of the Refugee Applications Commissioner or the Refugee Appeals Tribunal, as appropriate. I understand from the Office of the Refugee Applications Commissioner that notification of the recommendation has issued to the applicant.

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