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Asylum Applications

Dáil Éireann Debate, Thursday - 22 September 2011

Thursday, 22 September 2011

Ceisteanna (215)

Bernard J. Durkan

Ceist:

215 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the matter of determination of residency and citizenship entitlement in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [25589/11]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to my Reply to Parliamentary Question No. 85 of Thursday, 26th May, 2011 — as set out. The position is unchanged since then.

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 29th September, 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 accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection. 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.

The Deputy should note that as the person concerned has not established a right of legal residency in the State, the issue of an application for citizenship does not arise at this time. 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.

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