Finian McGrath
Ceist:379 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform the position regarding the Congolese asylum seekers who are living here and came from 1996 to 1998. [29688/03]
Written Answers. - Asylum Applications.
There are no asylum applications from Congolese nationals for the period 1996 to 1998 awaiting finalisation in the Office of the Refugee Applications Commissioner. There are four such cases – one family – outstanding in the Refugee Appeals Tribunal. The cases in question have not been finalised at appeals stage to date due to judicial review proceedings.
In so far as cases in the repatriation process are concerned, I can inform the Deputy that, where a person is unsuccessful in seeking refugee status, a notice of intent to deport issues under section 3(3) of the Immigration Act 1999, as amended. A person served with such a notice of intent is afforded three options, namely, to leave the State voluntarily, to consent to the making of the deportation order or to make representations in writing within 15 working days setting out reasons as to why the deportation order should not be made and why he or she should be allowed to remain temporarily in the State.
If a person makes representations as to why he or she should not be deported and seeks leave to remain, the Minister, under section 3(6) of the 1999 Act, in determining whether to make a deportation order, shall have regard to 11 specified considerations. The determination as to whether a deportation order is made or whether leave to remain is granted is not dependent on whether the person has made representations for leave to remain.
For all persons who have entered the asylum process at any point in the past, the relevant repatriation procedures in the legislation as set out above will be followed. Save for the relevant statutory safeguards, no special procedures or policies apply to Congolese nationals who applied for asylum in the period specified in the Deputy's question.