Written Answers - Deportation Orders.

Thursday, 6 March 2008

Dáil Eireann Debate
Vol. 649 No. 3

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  223.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice, Equality and Law Reform  Information on Brian Joseph Lenihan  Zoom on Brian Joseph Lenihan   the current of expected residency status in the case of persons (details supplied) in Dublin 7; and if he will make a statement on the matter. [9966/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): Information on Brian Joseph Lenihan  Zoom on Brian Joseph Lenihan  The first named person concerned arrived in the State on 23 November, 2001 and applied for asylum on 18 December, 2001. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

[746]Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the first named person concerned was informed, by letter dated 8 January, 2003, that the Minister proposed to make a deportation order in respect of him. He 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 he should be allowed to remain temporarily in the State. Representations have been received on behalf of the person concerned.

The first named person referred to by the Deputy also submitted an application for permission to remain in the State under the revised arrangements for non-EEA parents of children born in Ireland prior to 1st January, 2005, commonly referred to as the IBC/05 Scheme. The application was refused on 16th February, 2006 as the person in question did not meet the criteria of the scheme. My Department is currently considering a number of judgements delivered by the Supreme Court relating to the IBC/05 Scheme. The implications of these judgements for individual cases are currently being assessed.

The first named person’s case, including all representations received, will be considered under Section 3 of the Immigration Act 1999, as amended, and Section 5 of the Refugee Act 1996, as amended. The case file of the person concerned will then be passed to me for decision.

The second named person concerned applied for asylum on 24th January, 2005. Her application was refused and a Deportation Order was made on 30 March, 2006.

On 9 March 2007 the second named person concerned submitted an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations, 2006 S.I. No 518 of 2006 (’the Regulations’). On 23 March 2007 my Department informed the person concerned that the Regulations are not applicable in cases where a deportation order was made before coming into operation of the Regulations on 10 October 2006.

The second named person concerned instituted Judicial Review proceedings on 11 April 2007 challenging the decision not to process an application for Subsidiary Protection and accordingly, as the matter is sub judice, I do not propose to comment further.

  224.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice, Equality and Law Reform  Information on Brian Joseph Lenihan  Zoom on Brian Joseph Lenihan   if temporary residency status will be awarded while awaiting a decision, in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [9967/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): Information on Brian Joseph Lenihan  Zoom on Brian Joseph Lenihan  I refer the Deputy to Parliamentary Questions No. 185 of Thursday 8 November 2007, No. 99 of Thursday 26 April 2007, No. 200 of Wednesday 22 November 2006, No. 93 of Thursday 9 November 2006, No. 440 of Wednesday 27 September 2006 and No. 240 of Thursday 25 May 2006 and the written Replies to those Questions.

The person concerned arrived in the State on 24 February 2003 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 13 September 2005, that the Minister proposed to make a deportation order in respect of him. He 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 he should be allowed to remain temporarily in the State. Representations have been received on behalf of the person concerned and will be fully considered before the file is passed to me for decision.

[747]

  225.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice, Equality and Law Reform  Information on Brian Joseph Lenihan  Zoom on Brian Joseph Lenihan   the position in the matter of residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [9968/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): Information on Brian Joseph Lenihan  Zoom on Brian Joseph Lenihan  This applicant applied for asylum on 16 September 2002. His application was refused and a Deportation Order was made on 11 March 2005.

The applicant instituted Judicial Review proceedings on 18 April 2005 challenging the Deportation Order made in respect of him and accordingly, as the matter is sub judice, I do not propose to comment further.


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