Thursday, 2 July 2009

Ceisteanna (96, 97, 98, 99, 100, 101, 102)

Bernard J. Durkan

Ceist:

95 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency or naturalisation in the case of a person (details suppled) in County Meath; and if he will make a statement on the matter. [26994/09]

Amharc ar fhreagra

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

The person concerned applied for asylum on 19 August 2002. 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 28 August 2003, 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 from the person concerned.

The person concerned has also submitted an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006) and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be 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. When this latter consideration has been completed, the case file of the person concerned will be passed to me for decision.

Bernard J. Durkan

Ceist:

96 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency or naturalisation in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [26995/09]

Amharc ar fhreagra

I refer the Deputy to Parliamentary Questions No. 323 of Tuesday 31 March 2009, No 312 of Tuesday 16 December 2008, No. 928 of Wednesday 24 September 2008 and No. 829 of Tuesday 17 June 2008 and the written Replies to those Questions.

The person concerned applied for asylum on 1 July 2003. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by 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 12 February 2008, 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. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be 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. When this latter consideration has been completed, the case file of the person concerned is passed to me for decision.

Bernard J. Durkan

Ceist:

97 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [26996/09]

Amharc ar fhreagra

The person concerned applied for asylum on 4 January 2006. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by 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 16 January 2007, 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. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be 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. When this latter consideration has been completed, the case file is passed to me for decision.

Bernard J. Durkan

Ceist:

98 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [26997/09]

Amharc ar fhreagra

The person concerned applied for asylum in the State on 28 September 2008. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by 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 30 January 2009, 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 be allowed to remain temporarily in the State. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be 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. When this latter consideration has been completed, the case file is passed to me for decision.

Bernard J. Durkan

Ceist:

99 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency or naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [26998/09]

Amharc ar fhreagra

I refer the Deputy to Parliamentary Questions No. 139 of Thursday, 5 March 2009 and No. 200 of Thursday, 2 October 2008, and the written Replies to those Questions.

The person concerned applied for asylum on 19 October 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 23 May 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 were submitted on behalf of the person concerned at that time.

By letter dated 3 January 2008, the person concerned was notified of his entitlement to submit an application for Subsidiary Protection in the State in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations, 2006. The person concerned did not submit such an application. Following consideration of the case of the person concerned, 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 by the Minister in respect of the person concerned on 26 February 2008. This Order was formally served by registered post dated 11 March 2008.

The person concerned instituted Judicial Review Proceedings on 7 April 2008 challenging the Deportation Order. The Judicial Review Proceedings were subsequently settled. Among the Terms of Settlement were provisions that the Deportation Order would be revoked and the person concerned would be enabled to submit fresh representations in support of an application for permission to remain in the State. The Deportation Order has since been revoked. The person concerned was invited to provide fresh representations under section 3(3)(a) of the Immigration Act, 1999 (as amended). Representations have been submitted on behalf of the 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 case file of the person concerned is passed to me for decision.

Bernard J. Durkan

Ceist:

100 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [26999/09]

Amharc ar fhreagra

I refer the Deputy to Parliamentary Questions No. 108 of Thursday 4 December 2008 and the written Reply to that Question.

The person concerned applied for asylum on 24 June 2003. As part of the process of having his asylum claims investigated, the person concerned was invited to attend for interview at the Office of the Refugee Applications Commissioner on 9 August 2004. The person concerned did not attend for interview on this date, nor did he furnish an explanation for his failure to attend. Consequently he was informed, by letter dated 31 August 2004, that the Refugee Applications Commissioner had recommended to the Minister for Justice, Equality and Law Reform that he should not be declared to be a refugee, in accordance with the provisions of Section 13 (2) of the Refugee Act 1996 (as amended). The person concerned was also informed that there was no appeal against such a recommendation. Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 15 September 2004, 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 submitted by the person concerned.

The person concerned has also submitted an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006) and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be 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. When this latter consideration has been completed, the case file of the person concerned is passed to me for decision.

Bernard J. Durkan

Ceist:

101 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [27000/09]

Amharc ar fhreagra

The person concerned applied for asylum on 5 October 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 June 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. The case file of the person concerned, including any representations submitted, now fall to be 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 case file is passed to me for decision.