Dáil Éireann Debate, Wednesday - 29 September 2010
967 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; and if he will make a statement on the matter. [32575/10]
Amharc ar fhreagra1044 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. [32652/10]
Amharc ar fhreagraI propose to take Questions Nos. 967 and 1044 together.
The person concerned arrived in the State on 29 August 2005 and applied for asylum on 30 August 2005. The Refugee Applications Commissioner refused her a declaration of refugee status. This decision was subsequently upheld by the Refugee Appeals Tribunal. On 29 June 2010 it was determined that she was not eligible for subsidiary protection. A Deportation Order was made in respect of her on 13 July 2010. The person concerned instituted Judicial Review proceedings on 11 August 2010 challenging the Deportation Order made in respect of her and accordingly, as the matter is sub judice, I do not propose to comment further. 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.
968 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding an application for residency and family reunification in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [32576/10]
Amharc ar fhreagra1013 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 Dublin 15; and if he will make a statement on the matter. [32621/10]
Amharc ar fhreagra1073 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding an application for residency and family reunification in respect of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [32682/10]
Amharc ar fhreagraI propose to take Questions Nos. 968, 1013 and 1073 together.
I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy has no application pending for residency or for family reunification. 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 person concerned was issued with a Deportation Order. He was deported from the State on 17 September 2010. The effect of the Deportation Order is that the person concerned must remain out of the State. 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.
969 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding a person (details supplied) in Dublin 6 who has lived in this country for some time and who is anxious to ascertain their current and or expected residency status; and if he will make a statement on the matter. [32577/10]
Amharc ar fhreagraThe person concerned is the subject of a Deportation Order, signed on 12 July 2004, following a comprehensive and thorough examination of his asylum claim, 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 shouldremind 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.
970 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. [32578/10]
Amharc ar fhreagra1090 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. [32699/10]
Amharc ar fhreagraI propose to take Questions Nos. 970 and 1090 together.
I refer the Deputy to my Reply to his earlier Parliamentary Question, No. 309 of Tuesday, 15 June, 2010, in this matter. 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 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 a Deportation Order should not be made against him. Representations have been received on behalf of the person concerned. The position in the State of the person concerned will now 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.
971 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform if he will state whether he will review or defer deportation order in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [32579/10]
Amharc ar fhreagra1038 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform if he will review or defer a deportation order in the case of a person (details supplied) in County Kildare in view of the fact that they have been employed in Ireland since 2001; and if he will make a statement on the matter. [32646/10]
Amharc ar fhreagraI propose to take Questions Nos. 971 and 1038 together.
I refer the Deputy to my detailed replies to his recent Parliamentary Questions, Nos. 126 of Thursday, 20 May, 2010, and 394 of Thursday, 8 July, 2010, in this matter. The position remains that no Deportation Order has been made in respect of the person concerned. In accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 18 May 2010, of the proposal 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. 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 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. As a person with no current right of residency in the State, the person concerned is not entitled to seek or enter employment in the State. 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.
972 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform when residency will be awarded to a person (details supplied) in County Cork; and if he will make a statement on the matter. [32580/10]
Amharc ar fhreagraArising 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 30 August 2006, 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.
The person concerned initiated Judicial Review Proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. The High Court refused the Judicial Review Leave Application with the consequence that the earlier decisions of the Refugee Appeals Tribunal and the Minister stood.
The person concerned also made an application for residency in the State on the basis of being the spouse of an EU National. However, following consideration of this application, under the provisions of the European Communities (Free Movement of Persons) Regulations 2006, a decision was made to refuse the application. The person concerned was notified of this decision by letter dated 13 October 2008. Arising from the refusal of her residency 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 22 October 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 she should not be deported. 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 position in the State of the person concerned now falls to 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 e-mail 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.
973 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 Dublin 15; and if he will make a statement on the matter. [32581/10]
Amharc ar fhreagraArising 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 16 May 2005, 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. He was subsequently notified of his 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 e-mail 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.
