Gay Mitchell
Ceist:1153 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in Dublin 8. [20139/03]
Written Answers. - Asylum Applications.
The person in question entered the State on 25 June 2001 and claimed asylum. The Refugee Applications Commissioner recommended that his claim be refused and he was informed of this recommendation on 6 March 2002. He appealed this recommendation. The Refugee Appeals Tribunal affirmed the recommendation and he was informed of this decision on 30 November 2002.
In accordance with section 3 of the Immigration Act, 1999, he was informed on 31 January 2003 that it was proposed to make a deportation order in respect of him and was given 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. Representations have been received as to why he should be allowed remain in the State and I expect the case file to be submitted to me for consideration shortly.
Gay Mitchell
Ceist:1154 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in Dublin 8 for asylum. [20140/03]
The position is that the person referred to by the Deputy has been refused refugee status in the State following consideration of his case by the Office of the Refugee Applications Commissioner and on appeal by the Office of the Refugee Appeals Tribunal.
The person concerned was served with a notice of intention to deport him on 30 November 2001 and was afforded three options: return home voluntarily, consent to deportation or make representations for temporary leave to remain in the State.
An application for temporary leave to remain in the State was submitted by his legal representatives and his case was considered under section 3 of the Immigration Act, 1999, and section 5 of the Refugee Act, 1996 – Prohibition of Refoulement.
A deportation order was signed by me on 17 September 2003. The person concerned will shortly be requested to present himself to the Garda National Immigration Bureau in order to make arrangements for his removal from the State.
Gay Mitchell
Ceist:1155 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform the steps open to a person (details supplied) in Dublin 8 to appeal a refusal to allow their two children to join them and their three other children; when a decision will be made in regard to the person's spouse; and if he will make a statement on the matter. [20141/03]
The person in question has permission to reside in Ireland based on her parentage of an Irish born child. Her spouse has an application for permission to remain in the state on the same basis. The visa applications in question relate to her 17 and 18 year old sons who wish to join her in the State.
Following the decision of the Supreme Court in the cases of L & O, the separate procedure which then existed to enable persons to apply to reside in the State on the sole basis of parentage of an Irish born child ended on 19 February 2003. The Government decided that the separate procedure would not apply to cases which were outstanding on that date. There are a large number of such cases outstanding at present, including the case of the person's spouse.
The Government also decided that the general policy of allowing such parents to be joined in the State by other family members would no longer apply. Accordingly, the immigration division of my Department does not generally approve visas in respect of such visa applications.