Dáil Éireann Debate, Tuesday - 25 November 2008
365 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding the residency status in the case of persons (details supplied) in County Cork; and if he will make a statement on the matter. [42634/08]
Amharc ar fhreagraI refer the Deputy to Parliamentary Question No. 852 of Tuesday 10 July 2008 and the written Reply to that Question. The first named person concerned arrived in the State on 2 February 2005 and applied for asylum. His asylum application was refused following consideration of his 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 September 2005, that the Minister proposed to make a Deportation Order in respect of him. He 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 he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the first named person concerned and these representations will be fully considered, 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, before the file is passed to me for decision.
In relation to the case of the second named person concerned, it is not the practice to comment in detail 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. A final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.
