Thursday, 20 June 2013

Ceisteanna (193)

Bernard Durkan

Ceist:

193. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding naturalisation entitlement in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [29923/13]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

I refer the Deputy to my detailed reply to his earlier Parliamentary Question No. 214 of Thursday, 16th May, 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 18th August, 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.

The person concerned initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. The judicial review proceedings were struck out on 4th July, 2008 meaning that the earlier decisions of the Refugee Appeals Tribunal and the then Minister stood. 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. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned. Given that the person concerned has no current right of residency in the State, the issue of an application for naturalisation does not arise at this time.