Thursday, 1 December 2005

Ceisteanna (197)

Brian O'Shea


200 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform if he will review the case of a leaving certificate student (details supplied) in County Meath in regard to family unity; and if he will make a statement on the matter. [37447/05]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Minister for Justice, Equality and Law Reform)

The person concerned arrived in the State on 10 August 2003 and applied for asylum. His application was refused following consideration of his case by the office of the Refugee Applications Commissioner and, on appeal, by the office of the Refugee Appeals Tribunal. He was informed by letter dated 11 October 2004, that the Minister proposed to make a deportation order in respect of him and afforded three options under section 3(3)(b)(ii) of the Immigration Act 1999, as amended: to make representations to the Minister setting out the reasons he should be allowed to remain in the State; to leave the State voluntarily; or to consent to the making of a deportation order.

His case was examined under section 3(6) of the Immigration Act 1999 as amended, and section 5 of the Refugee Act 1996. Consideration was given to all representations received on his behalf. On 25 January 2005, a deportation order was signed in respect of the person concerned. Notice of this order was served by registered post requiring him to present to the Garda National Immigration Bureau, 13-14 Burgh Quay, Dublin 2, on Thursday, 24 February 2005, in order to make arrangements for his deportation from the State. He was given a further presentation date of 6 October 2005 to enable him to complete his leaving certificate examinations. He presented as requested and was given further presentation dates which he kept, culminating in his most recent presentation date to the gardaí in Drogheda at 4.30 p.m. on last Tuesday, 29 November 2005. He presented as required and was given a further presentation date of Thursday, 12 January 2006 in Drogheda at 4.30 p.m.

The enforcement of the deportation order is now an operational matter for the bureau. Notwithstanding this fact, I have requested the bureau, for family and domestic reasons, not to enforce the deportation order of the person concerned, until the result of an application for residency by his parents, under the revised arrangements for processing claims for permission to remain in the State from the non-national parents of Irish-born children, is known.