Wednesday, 19 June 2013

Ceisteanna (156)

Bernard Durkan

Ceist:

156. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will indicate eligibility for long term residency/naturalisation in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [29462/13]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

I refer the Deputy to my detailed reply to his earlier parliamentary question No. 495 of Tuesday, 23 April, 2013. The position is unchanged since then.

The 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 25th May, 2006, 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 Minister setting out the reasons why a Deportation Order should not be made against her. She was subsequently 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 and, following consideration of this application, it was determined that the person concerned was not eligible for subsidiary protection. The person concerned was notified of this decision by letter dated 16th January, 2008.

The case 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 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 person concerned.

The Deputy should note that as the person concerned has no current right of residency in the State, she would not be in a position to meet the lawful residency criteria applicable to persons applying to my Department for a Certificate of Naturalisation. Equally, given that the person concerned has no history of employment in the State under Work Permit or Work Authorisation conditions, the issue of an application for the immigration status of Long Term Residency would not arise.

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.