Dáil Éireann Debate, Wednesday - 16 September 2009
711 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [31127/09]
Amharc ar fhreagraThere is currently no application pending in my Department for residency in the case of the person whose details were supplied. If an application for asylum has been made by the person concerned, the Deputy should note that it is not the practice to comment in detail on individual asylum applications.
712 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [31128/09]
Amharc ar fhreagraThe person concerned applied for asylum on 31 October 2007. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner. The person concerned was advised of her entitlement to appeal this determination to the Refugee Appeals Tribunal but she did not do so.
Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 13 May 2008, 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 a Deportation Order should not be made against her. 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 application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. Any representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.
