Dáil Éireann Debate, Thursday - 21 June 2012
120 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied) in County Monaghan; his views on the repeated request that their child be registered as an asylum seeker in view of the fact that their child already holds an Irish passport; and if he will make a statement on the matter. [30244/12]
Amharc ar fhreagraThe person concerned is a failed asylum applicant. 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 30 March, 2010, that the then 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 then 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 provisions of 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 a final decision is made. In advance of a final decision being made, 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 her case. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.
The legal representative of the person concerned submitted an Irish passport on behalf of the child of the person concerned and was informed by letter from my Department dated 26 October 2011 that because her child held an Irish Passport, the provisions of the Immigration Act 1999 (as amended) do not apply in the child's case. Equally it was stated that the Section 3 letter issued to the child in July, 2011 would have no further effect.
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.
