Written Answers - Asylum Applications.

Thursday, 26 March 2009

Dáil Eireann Debate
Vol. 678 No. 4

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  142.  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 a residency and asylum application in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [12725/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Information on Dermot Ahern  Zoom on Dermot Ahern  The person concerned arrived in the State on 5 June 2001 in the company of her guardian and was initially included as part of her guardian’s asylum application which was lodged on 6 June 2001. This asylum application was the subject of a formal refusal decision on 22 May 2003. Subsequently, on 11 December 2003, the Minister signed Deportation Orders in respect of the guardian and the person concerned. The person concerned became ‘of age’ during the course of the asylum process.

Judicial Review Proceedings were initiated in the High Court on behalf of the person concerned in early 2004. These Proceedings were subsequently ‘settled’ with the consequence that the Deportation Order made in respect of the person concerned was revoked and she was enabled to make a separate asylum application in her own right which she duly did, on 19 February 2008. The person concerned gave birth to a child in the State in 2005 and this child was included on her asylum application. 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 29 July 2008, that the Minister proposed to [1037]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, she 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).

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 case file of the person concerned is passed to me for decision.

  143.  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 respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [12726/09]

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 31 May 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 12 May 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 were received on his behalf. Following consideration of his case, 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, a Deportation Order was signed in respect of the person concerned on 4 May 2006. Notice of this Order was served by registered letter dated 19 May 2006 requiring the person concerned to present himself at the Offices of the Garda National Immigration Bureau (GNIB) on a specified date in order to make arrangements for his deportation from the State.

The person concerned initiated Judicial Review Proceedings in the High Court with the consequence that the Deportation Order was revoked on 17 July 2007 and the person concerned was invited to submit fresh representations as to why he should be allowed to remain temporarily in the State. Representations were received on behalf of the person concerned and, following consideration of these representations, the Minister signed a Deportation Order in respect of the person concerned on 29 August 2007. Notice of this Order was served by registered letter dated 18 October 2007 requiring the person concerned to present himself at the Offices of the Garda National Immigration Bureau (GNIB) on a specified date in order to make arrangements for his deportation from the State. This Order was subsequently revoked following the submission of further representations on behalf of the person concerned, through his legal representative. These representations will now 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 consideration has been completed, the case file of the person concerned is passed to me for decision.

[1038]

  144.  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 respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [12727/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Information on Dermot Ahern  Zoom on Dermot Ahern  The person concerned and her two children applied for asylum on 17 February 2005. The two children were included on their mother’s asylum application. Her 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 person concerned was informed, by letter dated 28 September 2005, that the Minister proposed to make Deportation Orders in respect of her and her 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 her children should be allowed to remain temporarily in the State. Representations were received on her behalf. Following consideration of her case, 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, Deportation Orders were signed in respect of the person concerned and her children on 4 May 2006. Notice of these Orders was served by registered letter dated 19 May 2006 requiring the person concerned and her two children to present themselves at the Offices of the Garda National Immigration Bureau (GNIB) on a specified date in order to make arrangements for their deportation from the State.

The person concerned initiated Judicial Review Proceedings in the High Court with the consequence that the person concerned was invited to submit fresh representations as to why she and her children should be allowed to remain temporarily in the State. Representations have been received on behalf of the person concerned and these representations 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. When this consideration has been completed, the case file of the person concerned is passed to me for decision.

  145.  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 respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [12728/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Information on Dermot Ahern  Zoom on Dermot Ahern  The person concerned, an infant child, was born in the State in early 2006 and an application for asylum was made on her behalf on 26 May 2006. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner.

Arising from the refusal of her asylum application, and in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 30 January 2009, 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. In addition, she 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 person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at [1039]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.

  146.  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 family reunification in respect of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [12729/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Information on Dermot Ahern  Zoom on Dermot Ahern  I am informed by the immigration Division of my Department that the person in question made a Family Reunification application on behalf of his wife and son in January 2005. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation was completed and the Commissioner forwarded a report to my Department.

A decision on the application was made on the 1 October 2007 refusing the request and a letter outlining the reasons for the refusal issued on the same date to the applicant. A copy of this letter was subsequently issued to the applicant’s solicitor on the 21 July 2008. There is no provision under Section 18 of the Refugee Act 1996 to appeal the decision of an application for Family Reunification. Each application is processed on its own merits and the decision reached is based on the information submitted.

If the person in question has significant new information it is open to them to submit a new application for Family Reunification to my Department.

  147.  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 current or expected asylum and refugee status in respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [12730/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Information on Dermot Ahern  Zoom on Dermot Ahern  If an application for asylum has been made by the person concerned, the Deputy will of course be aware that it is not the practice to comment on asylum applications that are pending.

  148.  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   if an appeal will be given in respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [12731/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Information on Dermot Ahern  Zoom on Dermot Ahern  The person referred to by the Deputy applied for asylum on 06/03/2007. The claim was assessed by the Refugee Applications Commissioner who concluded that the person concerned did not meet the criteria for recognition as a refugee. The Commissioner’s recommendation was communicated to him by letter dated 25/07/2007. This communication advised the person of his entitlement to appeal the Commissioner’s recommendation to the Refugee Appeals Tribunal, which he duly did.

The Refugee Appeals Tribunal considered the person’s appeal, following which the Tribunal affirmed the Commissioner’s earlier recommendation to reject his claim. The outcome of the appeal was made known to the applicant by letter dated 09/03/2009.

[1040]In accordance with normal procedures, the applicant’s file will be forwarded to my Department’s Ministerial Decisions Unit for final processing of the asylum claim. A letter will issue to him from my Department advising him formally that his asylum claim has been rejected and affording him three options as follows:

1. Return home voluntarily

2. Consent to the making of a deportation order, or

3. Make written representations to me within 15 working days for temporary leave to remain in the State and/or make an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 (SI No. 518 of 2006).


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