Vol. 566 No. 3
392 Mr. Perry asked the Minister for Justice, Equality and Law Reform when a decision will be made on an application for asylum by persons (details supplied) in County Leitrim; and if he will make a statement on the matter. [12857/03]
With regard to the family concerned, the husband and his wife and children arrived in the State on separate dates and their subsequent asylum applications, while duly recognised to be those of a married couple, were also processed separately. The husband arrived in the State on 9 April 2001 and applied for asylum. He was interviewed by the Refugee Applications Commissioner on 16 May 2002 and notified that it was recommended that he not be declared a refugee on 22 August 2002. He appealed this decision. The hearing at the Refugee Appeals Tribunal took place on 15 October 2002. He was informed that the Refugee Appeals Tribunal had upheld the recommendation of the Refugee Application Commissioner on 30 January 2003.
On 10 March 2003 he was notified that the Minister was proposing to make a deportation order in respect of him under the power given to him by section 3 of the Immigration Act 1999. He was informed of the following options: to make written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out reasons he should be allowed to remain in the State; to voluntarily leave the State; or to consent to deportation. To date, no representations have been received from him or his legal representatives other than an undated note signed by both parents which was forwarded to my Department by the Department of Foreign Affairs recently.
The wife of the family concerned, who was accompanied by their two children, arrived in the State on 30 April 2001 and applied for asylum. She was interviewed by the Refugee Applications Commissioner on 3 October 2002 and notified that it was recommended she not be declared a refugee on 30 December 2002. She appealed this decision. Her appeal was rejected following a hearing at the Refugee Appeals Tribunal on 12 March 2003. On 23 April 2003 she was notified that the Minister was proposing to make a deportation order in respect of her and her children under section 3 of the Immigration Act 1999. She was informed of the following options: to make written representations to the Minister for Justice, Equality and Law Reform within 15 working days setting out reasons she and her children should be allowed to remain in the State; to voluntarily leave the State; or to consent to deportation. To date, no representations have been received from her or her legal representatives.
I should also mention that a third child was born to the couple in Ireland in May 2002 and that they subsequently applied for residence in the State on the basis of being parents of an Irish-born child on 2 October 2002. No further processing is taking place on these cases pending a determination by Government on the general policy to be adopted. I have given the Government a preliminary assessment of the implications of the L & O Supreme Court judgment of 23 January 2003 and, in the near future, I intend to bring to Government a more comprehensive assessment and proposals for action on foot of it.
