Dáil Éireann Debate, Wednesday - 29 September 2010
1080 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding an application for residency in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [32689/10]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy has no application pending for residency. The person concerned is the subject of a Deportation Order, signed on 21 September 2010, following a comprehensive and thorough examination of his asylum claim and his application for subsidiary protection, and a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).
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 is an operational matter for the Garda National Immigration Bureau.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
1081 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding an application for residency in respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [32690/10]
Amharc ar fhreagra1094 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Meath; when a decision will issue on the matter; and if he will make a statement on the matter. [32703/10]
Amharc ar fhreagraI propose to take Questions Nos. 1081 and 1094 together.
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 9 August 2010, 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 accordance with the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned submitted an application for Subsidiary Protection and this application will be considered first. 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.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
