Dáil Éireann Debate, Tuesday - 25 November 2008
366 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if extended leave to remain here will be granted in the case of a person (details supplied) in Dublin 12; and if he will make a statement on the matter. [42635/08]
Amharc ar fhreagraThe person concerned applied for asylum on 2 June 2000. His 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 person concerned was informed, by letter dated 1 March 2002, 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 were received on behalf of the person concerned.
Following consideration of his case 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, a Deportation Order was signed in respect of the person concerned on 27 April 2005. Notice of this order was served by registered post, dated 4 May 2005, placing a legal requirement on the person concerned to ‘present' himself to the Garda National Immigration Bureau (GNIB),13-14 Burgh Quay, Dublin 2 on 12 May 2005 in order to make arrangements for his removal from the State. The person concerned presented, as required, on this occasion but failed to present on a subsequent occasion and was therefore classified as a person who was evading his deportation.
By letter dated 24 June 2008, the legal representative of the person concerned lodged an application for revocation of the Deportation Order, in accordance with the provisions of Section 3(11) of the Immigration Act, 1999 (as amended). Following consideration of the information submitted, the Deportation Order was affirmed and the person concerned and his legal representative were advised of this decision by letter dated 14 November 2008. In addition, the person concerned was required to present himself to the GNIB on 20 November 2008 in order to make arrangements for his removal from the State. He presented as required and was given a further presentation date of 27 November 2008. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order remains an operational matter for the Bureau.
367 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for family reunification in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [42636/08]
Amharc ar fhreagraI refer the Deputy to my answer to his previous Parliamentary Question. I am informed by the Immigration Division of my Department that the legal representative of the person in question has requested the application to be held in order to allow them to make further submissions.
368 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if extended leave to remain here will be arranged in the case of a person (details supplied) in County Kerry based on an application under subsidiary protection; and if he will make a statement on the matter. [42637/08]
Amharc ar fhreagraThe person concerned applied for asylum on 12 December 2005. His 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 person concerned was informed, by letter dated 29 August 2006, 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 person concerned and 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. There is no record in my Department of an application for Subsidiary Protection having been received from the person concerned.
