Dáil Éireann Debate, Tuesday - 6 October 2009
669 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [33160/09]
Amharc ar fhreagraI am advised by the Immigration Division of my Department that the application for residence in the State based on their marriage to an EU national made by the person in question is currently the subject of High Court proceedings and is therefore sub judice.
670 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency and leave to remain in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [33161/09]
Amharc ar fhreagraI refer the Deputy to Parliamentary Question No. 679 of Wednesday, 16 September, 2009 and the written Reply to that Question. The person concerned applied for asylum on 2 February 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. 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.
Arising from the refusal of his 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 31 August 2009, 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 a Deportation Order should not be made against him. 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). No representations have been received on his behalf to date.
The case file of the person concerned now falls 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 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.
671 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding documentation submitted by persons (details supplied) in County Kildare; and if he will make a statement on the matter. [33162/09]
Amharc ar fhreagraI wish to inform the Deputy that both persons referred to are illegally in the State. They were invited, by letters dated 18 August, 2009, to submit representations to my Department outlining the reasons as to why Deportation Orders should not be made in respect of them. Correspondence from the applicants' legal representatives was received in my Department on 10 September, 2009 and will be assessed by the relevant officials in the context of Section 3 of the Immigration Act, 1999. The persons concerned will be contacted direct and notified of any decision made regarding their status in the State in due course.
