Written Answers - Residency Permits.

Thursday, 27 November 2008

Dáil Eireann Debate
Vol. 669 No. 1

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  109.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice, Equality and Law Reform  Information on Dermot Ahern  Zoom on Dermot Ahern   the residency status in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [43297/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Information on Dermot Ahern  Zoom on Dermot Ahern  I refer the Deputy to Parliamentary Question No. 373 of Tuesday 22 April 2008, and the written Reply to that Question. The person concerned arrived in the State on 28 November 2001 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, 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 23 April 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 were submitted on behalf of the person concerned at that time.

The person concerned, through his legal representative, submitted an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006) on 17 May 2007. However, this application was not accepted as it was not signed by the person concerned. As a result, the application was returned to the legal representative of the person concerned, by letter dated 30 May 2007. This communication informed the legal representative that, before this application could be considered, it must be returned, fully completed, within a period of ten working days from the date of that letter. The completed application for Subsidiary Protection in the State was not returned to my Department by the due date and, as such, no further consideration has been given to that application.

The case file of the person concerned now falls to be dealt with in accordance with the provisions of the Immigration Act, 1999 (as amended). The Deputy can be assured that all representations submitted by, or on behalf of, the person concerned will be fully considered, under 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, before the file is passed to me for decision.

  110.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice, Equality and Law Reform  Information on Dermot Ahern  Zoom on Dermot Ahern   the residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [43298/08]

[140]Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Information on Dermot Ahern  Zoom on Dermot Ahern  The person concerned applied for asylum on her own behalf and on behalf of her infant daughter on 20 July 2005. The asylum application was refused following consideration of the case by the Office of the Refugee Applications Commissioner and, on appeal, 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 31 October 2007, that the Minister proposed to make deportation orders in respect of her and her child. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of deportation orders or of making representations to the Minister setting out the reasons why she and her child should be allowed to remain temporarily in the State. She was also notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations, 2006. The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered under 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. When this latter consideration has been completed, the case file of the person concerned is passed to me for decision.

  111.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice, Equality and Law Reform  Information on Dermot Ahern  Zoom on Dermot Ahern   the residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [43299/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Information on Dermot Ahern  Zoom on Dermot Ahern  The person concerned was born in the State in 2005 to an asylum seeking mother. An asylum application was submitted on behalf of the person concerned on 14 September 2007. This application was refused following consideration of the case by the Office of the Refugee Applications Commissioner and, on appeal, 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 8 September 2008, 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. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). An application for Subsidiary Protection in the State was submitted on behalf of the person concerned in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered under 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. When this latter consideration has been completed, the case file of the person concerned is passed to me for decision.

[141]

  112.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice, Equality and Law Reform  Information on Dermot Ahern  Zoom on Dermot Ahern   the position in relation to an application for residency in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [43300/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Information on Dermot Ahern  Zoom on Dermot Ahern  The first named person concerned applied for asylum on 14 September 2006. Her infant child was included as a child dependant in this application. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the first named person concerned was informed, by letter dated 30 May 2007, that the Minister proposed to make Deportation Orders in respect of her and her child. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why she and her child should be allowed to remain temporarily in the State. In addition, the first named person concerned was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The first named person concerned submitted an application for Subsidiary Protection in the State and this application is under consideration at present. When consideration of this application has been completed, the first named person concerned will be notified in writing of the outcome.

In the event that the Subsidiary Protection application is refused, the case file of the first named person concerned, including all representations submitted, will then be considered under 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. When this latter consideration has been completed, the case file of the first named person concerned is passed to me for decision.

With regard to the second named person concerned, the Deputy should note that it is not the practice to comment in detail on individual applications for refugee status where a final decision has not been made. As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. A final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.

  113.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice, Equality and Law Reform  Information on Dermot Ahern  Zoom on Dermot Ahern   the position in relation to an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [43301/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Information on Dermot Ahern  Zoom on Dermot Ahern  The person concerned applied for asylum in the State on 7 August 2002 but later withdrew her application and applied for residency in the State on the basis of her parentage of an Irish citizen child. The person concerned was refused residency in the State on the basis of her parentage of an Irish citizen child and this decision was conveyed to the person concerned by letter dated 12 March 2004. This communication also informed the person concerned that, arising from the refusal of her residency application and in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended), the 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 [142]the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. Representations were submitted on behalf of the person concerned at that time.

The person concerned re-applied for asylum in the State on 1 April 2004 and her application was refused following the investigation of her claims by the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Arising from the refusal of her asylum application, the person concerned was informed, by letter dated 6 December 2004, that the 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 she should be allowed to remain temporarily in the State. Representations were submitted on behalf of the person concerned.

The person concerned applied for permission to remain in the State on the basis of her parentage of an Irish citizen child, born in the State before 1 January 2005, in accordance with the Revised Arrangements announced by my predecessor on 15 January 2005, commonly referred to as the IBC/05 Scheme. Following the consideration of this application, a decision was taken to refuse the application and this decision was conveyed in writing to the person concerned by letter dated 12 January 2006. The person concerned was later notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). No such application was submitted.

The case file of the person concerned, including all representations submitted, now falls to be considered in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended). All representations submitted by and on behalf of the person concerned will be considered, under 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, before the file of the person concerned is passed to me for decision.

  114.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice, Equality and Law Reform  Information on Dermot Ahern  Zoom on Dermot Ahern   the position in relation to residency status in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [43302/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Information on Dermot Ahern  Zoom on Dermot Ahern  I refer the Deputy to Parliamentary Question No. 540 of Thursday, 17 April 2008, and the written Reply to that Question. The person concerned applied for asylum on 8 December 2004. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, 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 31 January 2006, 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 submitted on behalf of the person concerned and these representations will be fully considered, under 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, before the file is passed to me for decision.

[143]

  115.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice, Equality and Law Reform  Information on Dermot Ahern  Zoom on Dermot Ahern   the position in relation to residency status in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [43303/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Information on Dermot Ahern  Zoom on Dermot Ahern  I refer the Deputy to Parliamentary Question No. 535 of Thursday, 17 April 2008, and the written Reply to that Question. The person concerned applied for asylum on 8 December 2004. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, 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 31 January 2006, 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 submitted on behalf of the person concerned and these representations will be fully considered, under 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, before the file is passed to me for decision.

  116.  Deputy Bernard J. Durkan  Information on Bernard Durkan  Zoom on Bernard Durkan   asked the Minister for Justice, Equality and Law Reform  Information on Dermot Ahern  Zoom on Dermot Ahern   the position in relation to an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [43304/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Information on Dermot Ahern  Zoom on Dermot Ahern  The first named person concerned arrived in the State as an unaccompanied minor but was later reunited with her mother and included as a child dependant on her mother’s asylum application. The mother of the person concerned subsequently withdrew her asylum application and applied for residency in the State on the basis of her parentage of an Irish citizen child. The residency application was refused and this decision was conveyed in writing to the mother of the person concerned by letter dated 12 March 2004.

This communication also advised the mother of the person concerned that, arising from the refusal of her residency application and in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended), the Minister proposed to make Deportation Orders in respect of her and her dependant children. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. Representations were submitted on behalf of the mother of the person concerned at that time.

The mother of the person concerned re-applied for asylum in the State on 1 April 2004 and the person concerned was again included as a child dependant on her mother’s asylum application. This asylum application was refused following the investigation of the application by the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Arising from the refusal of the asylum application, the mother of the person concerned was informed, by letter dated 6 December 2004, that the Minister proposed to make Deportation Orders in respect of her and her dependant children. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why she and [144]her children should be allowed to remain temporarily in the State. Representations were submitted on behalf of the mother of the person concerned.

The mother of the person concerned applied for permission to remain in the State on the basis of her parentage of an Irish citizen child, born in the State before 1 January 2005, in accordance with the Revised Arrangements announced by my predecessor on 15 January 2005, commonly referred to as the IBC/05 Scheme. Following the consideration of this application, a decision was taken to refuse the application and this decision was conveyed in writing to the mother of the person concerned by letter dated 12 January 2006.

The mother of the person concerned was later notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). No such application has been submitted.

The case file of the mother of the person concerned now falls to be considered in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended). All representations submitted by, and on behalf of, the mother of the person concerned will be considered, under 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 before the file is passed to me for decision.

The Deputy might wish to note that all decisions taken to date in respect of the mother of the person concerned have applied equally to the person concerned. However, given that the person concerned is now an adult, from now on her position in the State will fall to be considered on the basis of its own merits. Against this background, I understand that a representative of my Department will be writing to the person concerned in the coming days to advise her to this effect and to also invite her to submit any new representations she would wish to have considered before I take a final decision in her case. The Deputy might wish to note that any such decision would have regard for 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.


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