Dáil Éireann Debate, Thursday - 14 October 2004
172 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the residency and employment status of persons (details supplied) in County Kildare; if either or both are eligible for citizenship applications; and if he will make a statement on the matter. [24976/04]
Amharc ar fhreagraThe first named person in question arrived in the State on 25 June 1999 and claimed asylum. The Office of the Refugee Applications Commissioner recommended that he should not be declared as a refugee and he was notified of this recommendation on 29 February 2000. He then appealed this recommendation to the Refugee Appeals Tribunal. Following an oral hearing, the original recommendation was affirmed and he was informed of this decision on 28 November 2001.
The second named person in question, who resides at the same address as the first named person, arrived in the State on 23 May 2000 and claimed asylum. The Office of the Refugee Applications Commissioner recommended that she should not be declared as a refugee and she was notified of this recommendation on 30 January 2002. She then appealed this recommendation to the Refugee Appeals Tribunal. Following an oral hearing, the original recommendation was affirmed and she was informed of this decision on 18 October 2002.
In accordance with section 3 of the Immigration Act 1999, as amended, both persons were informed — on 28 December 2001 and 30 December 2002 respectively — that it was proposed to make deportation orders in their cases. They were given the options of making representations within 15 working days setting out the reasons as to why they should not be deported; leaving the State voluntarily before orders were made; or consenting to the making of deportation orders. Representations were received on behalf of the persons concerned on 21 January 2002 and on 23 January 2003, respectively.
Both persons' case files must now be considered taking account of section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement. The files will be submitted to me for decision in due course and the persons concerned will then be informed of the outcome.
The right to work for asylum seekers is based on the Government decision of 26 July 1999 which allowed asylum seekers to seek employment once they had applied on or before that date, had been 12 months without a final determination on his/her asylum application and had been compliant with their obligations in the asylum process. The first named person concerned was issued with a right to work letter on 15 August 2000 but has not been entitled to seek employment since the refusal of his asylum application on 28 December 2001. The second named person concerned was not issued with a right to work letter.
As no final decision has been made on these persons' leave to remain applications, they are not eligible to apply for citizenship.
