Bernard J. Durkan
Ceist:147 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or likely residency status in the case of a person (details supplied) in Dublin 15. [26813/11]
Amharc ar fhreagraThursday, 29 September 2011
Ceisteanna (149, 150, 151, 152)
Freagraí scríofa
I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was the subject of a family reunification application which was approved in July 2002. I am also informed by INIS that they will be writing in the coming days to the father of the person concerned regarding her residency status.
I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct 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.
Bernard J. Durkan
Ceist:148 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or likely residency status in the case of a person (details supplied) in County Dublin; if this case is affected by the Zambrano decision; and if he will make a statement on the matter. [26814/11]
Amharc ar fhreagraThe person concerned is a failed asylum seeker. 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 27th August, 2007, that the then 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 accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. 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 in advance of a final decision being made. Additionally, at that juncture, the case of the person concerned will be examined to determine what, if any, impact the European Court of Justice Judgment in the Zambrano case may have on his case. 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.
Bernard J. Durkan
Ceist:149 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which residency and citizenship status or entitlement in the case of a person (details supplied) in County Louth has been determined or is likely to be affected by the Zambrano decision; and if he will make a statement on the matter. [26815/11]
Amharc ar fhreagraThe person concerned is an asylum applicant. His asylum claim is currently the subject of judicial review proceedings taken against the Refugee Appeals Tribunal. As these proceedings are ongoing, it would not be appropriate for me to comment further on the asylum element of the case at this time.
The person concerned has, separately, sought to have his case to remain in the State considered in line with the principles of the Zambrano Judgment. The documentation submitted by the person concerned is under examination at present. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned. Given that the person concerned has no current reckonable right of residency in the State, he would not be in a position to lodge an application for Irish citizenship 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.
Bernard J. Durkan
Ceist:150 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of residency status in the case of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [26816/11]
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 7th April, 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 he should not have a Deportation Order made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned submitted an application for Subsidiary Protection and, following consideration of this application, it was determined that he was not eligible for Subsidiary Protection. The person concerned was notified of this decision by letter dated 30th May, 2011.
The case file of the person concerned, including all representations submitted, will now 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. 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.