Dáil Éireann Debate, Wednesday - 17 April 2013
198. Deputy Patrick Nulty asked the Minister for Justice and Equality the current or expected position in respect of an application for subsidiary protection in the case of persons (details supplied) in Dublin 15 going back to 2002; the reason for the delay; and if he will make a statement on the matter. [17876/13]
Amharc ar fhreagraThe cases referred to by the Deputy encompass a father, a mother and their child. The father was the subject of an individual asylum application while the couple's child was included as a child dependant in his mother's claim meaning that any determination or decision made in her case applied equally to him. Arising from the refusal of their asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned were notified that the then Minister proposed to make deportation orders in respect of them. They were 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 deportation orders should not be made against them. They were subsequently 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 persons concerned submitted applications for subsidiary protection. When consideration of these applications has been completed, the persons concerned will be notified in writing of the outcomes. In the event that the 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 (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 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.
