Dáil Éireann Debate, Thursday - 20 September 2012
175. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date and procedures still to be followed in the matter of determination of residency status in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [39984/12]
Amharc ar fhreagraThe first and second named persons concerned entered the State on different dates and lodged separate asylum applications. Their child was born in the State in 2009 and lodged a separate asylum claim. Their asylum applications were all considered individually by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, both of whom concluded that the persons concerned did not meet the criteria for recognition as refugees.
Arising from the refusal of their respective asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned were notified, by separate letters that the Minister proposed to make Deportation Orders in respect of them. They were each 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 them. In addition, they were notified of their respective entitlements to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.
The first named person concerned submitted applications for Subsidiary Protection and later withdrew these applications. The first named person concerned and her child will now have their cases 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 final decisions are made. Once decisions have been made, these decisions and the consequences of the decisions will be conveyed in writing to the first person concerned and her child.
The second named person concerned submitted an application for Subsidiary Protection. When consideration of this applications has been completed, the person concerned will be notified in writing of the outcome. In the event that the second named persons application for Subsidiary Protection is refused, the position in the State of that 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. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the second named person 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.
