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Deportation Orders

Dáil Éireann Debate, Thursday - 14 June 2012

Thursday, 14 June 2012

Ceisteanna (113)

Bernard J. Durkan

Ceist:

114 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of residency status entitlement to naturalisation or the procedure yet to be followed in respect of persons (details supplied) in County Meath; and if he will make a statement on the matter. [28870/12]

Amharc ar fhreagra

Freagraí scríofa

The first named person had a Deportation Order made against him, following the refusal of his asylum application and his application for Subsidiary Protection and the subsequent consideration of his case under Section 3(6) of the Immigration Act 1999. He lodged judicial review proceedings in the High Court, challenging the decision to refuse subsidiary protection and to make a Deportation Order against him. These proceedings were settled. Arising from the settlement, the deportation order was revoked and a fresh proposal to deport letter has been issued. When a fresh application for subsidiary protection has been submitted it will be considered and the person concerned will be notified in writing of the outcome.

In relation to the second named person concerned, she, too, is a failed asylum applicant and had a Deportation Order made against her. The person concerned lodged judicial review proceedings in the High Court, challenging the decision to refuse subsidiary protection and the decision to make a Deportation Order against her. These proceedings were settled. Arising from the settlement, the deportation order was revoked and a fresh proposal to deport letter has been issued. When a fresh application for subsidiary protection has been submitted it will be considered and the person concerned will be notified in writing of the outcome.

In the event that both persons' applications for subsidiary protection are refused, the position in the State of the persons concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 and Section 5 of the Refugee Act 1996 on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the persons concerned.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.

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