Dáil Éireann Debate, Thursday - 21 January 2010
201 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a Garda national immigration bureau card will re-approve and re-issue in respect of a person (details supplied) in County Meath who applied for this card in October 2009; and if he will make a statement on the matter. [2884/10]
Amharc ar fhreagraThe person concerned applied for asylum on 16 September 2004. Her three children were included in her application. Her claim was examined by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, following which it was recommended that she should be declared a refugee. Based on this recommendation, the person concerned was issued with a formal declaration of refugee status by letter dated 27 October 2005 with this status applying equally to her three children. This communication also advised the person concerned of the rights and entitlements accompanying refugee status in the State, one of which was that she would be permitted to reside in the State on Stamp 4 conditions.
The person concerned was notified by letter dated 3 July 2009 that the Minister was proposing to revoke her refugee status in accordance with Section 21(1)(h) of the Refugee Act 1996 (as amended) as it appeared that she had given false and misleading information during the course of her asylum application. She was informed that she had 15 working days from the date of that letter to make representations to the Minister in this regard. The person concerned made representations to the Minister within the specified period.
Following the consideration of the case of the person concerned, including all representations submitted, the Minister decided to revoke her status as a refugee in accordance with Section 21(1)(h) of the Refugee Act 1996 (as amended). The person concerned was notified of this decision by letter dated 4 December 2009. This letter also informed her of her entitlement to appeal to the High Court under Section 21(5) of the Refugee Act 1996 (as amended) against this decision.
Arising from the revocation of her refugee status, the person concerned no longer enjoys the benefits accruing from refugee status in the State and therefore her permission to reside in the State under Stamp 4 conditions was withdrawn.
The person concerned was notified by letter dated 15 January 2010 that as she no longer had an entitlement to remain in the State, the Minister now proposed to make Deportation Orders in respect of her and her children. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against her and her children. 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 15 working day period referred to in my Department's letter of 15 January 2010 expires on 8 February 2010. It is open to the person concerned to make representations and/or apply for Subsidiary Protection in the State within that period. In any event, the case of the person concerned will not be further processed until the 15 working day period referred to has elapsed.
202 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding residency status in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [2885/10]
Amharc ar fhreagraThe person concerned applied for asylum on 29 October 2008. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person 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 27 March 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).
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. All 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.
203 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an residency application in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [2886/10]
Amharc ar fhreagraThis applicant applied for asylum on 16 September 2002. His application and a subsequent appeal were refused and a Deportation Order was made on 11 March 2005. The applicant applied for Subsidiary Protection, but this application was deemed invalid under the regulations.
The applicant instituted Judicial Review proceedings on 18 April 2005 challenging the Deportation Order made in respect of him and accordingly, as the matter is sub judice, I do not propose to comment further.
