The first named person concerned applied for asylum on 22 October 2001. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner, and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the first named person concerned was informed, by letter dated 30 October 2002, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should not have a Deportation Order made against her.
Her case was then examined 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. Consideration was given to all representations submitted. On 10 September 2003, a Deportation Order was signed in respect of the person concerned. This Order was served by registered letter dated 30 October 2003 which placed a legal requirement on the person concerned to present herself at Ennis Garda Station, Ennis, County Clare on Thursday 6 November 2003 in order to make arrangements for her removal from the State. The person concerned 'presented' as required and was given three further presentation dates which she kept. According to our records, she last 'presented' on 13 January 2004. She has not 'presented' since that date and is therefore classified as evading her deportation. This being the case, she is liable to arrest and detention for the purposes of effecting her deportation from the State.
By correspondence dated 16 January 2007, the first named person concerned sought permission to make an application for Subsidiary Protection. Following consideration of the case made, the request was refused because the first named person concerned was the subject of a Deportation Order. The person concerned was notified of this decision by letter dated 5 February 2007. The first named person concerned remains the subject of a Deportation Order and the enforcement of that Order is an operational matter for the Garda National Immigration Bureau.
With regard to the second named person concerned, it is not the practice to comment on individual asylum applications where a final decision has not been made. As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted or refused.
The third named person concerned applied for asylum on 28 June 2002. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner, and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 13 June 2003, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should not have a Deportation Order made against her.
Her case was examined 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. Consideration was given to all representations submitted. On 10 September 2003, a Deportation Order was signed in respect of the third named person concerned. This Order was served by registered letter dated 30 October 2003 which placed a legal requirement on the third named person concerned to present herself at Ennis Garda Station, Ennis, County Clare on Thursday 6 November 2003 in order to make arrangements for her removal from the State. The person concerned 'presented' as required and was given three further presentation dates which she kept. According to our records, she last 'presented' on 13 January 2004. She has not 'presented' since that date and is therefore classified as evading her deportation. This being the case, she is liable to arrest and detention for the purposes of effecting her deportation from the State. The third named person concerned remains the subject of a Deportation Order and the enforcement of that Order is an operational matter for the Garda National Immigration Bureau.
In light of the above, the Deputy will appreciate that there are no residency issues outstanding in the context of the first and third named persons concerned while the position in the State of the second named person concerned remains to be determined. My Department has no record of the fourth named person concerned.