Written Answers - Asylum Applications.

Thursday, 8 October 2009

Dáil Eireann Debate
Vol. 691 No. 2

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  137.  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 Louth; and if he will make a statement on the matter. [35137/09]

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 16 June 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his 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 15 February 2007, 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 a Deportation Order should not be made against him. 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).

On 14 September 2007, the person concerned submitted an application for re-admittance to the asylum process, in accordance with the provisions of Section 17(7) of the Refugee Act, 1996 (as amended). Following consideration of this application, a decision was taken to refuse [402]the application and the person concerned was notified of this decision by letter dated 27 June 2008. The person concerned has 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 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 the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

  138.  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 regarding an application for leave to remain in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [35138/09]

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 11 April 2007. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his 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 27 February 2009, 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 a Deportation Order should not be made against him. 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). Representations have been received on behalf of the person concerned.

The position in the State 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 the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

  139.  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 asylum and residency status in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [35139/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Information on Dermot Ahern  Zoom on Dermot Ahern  There is currently no application pending in my Department in the case of the persons whose details were supplied. If an application for asylum has been made by the persons concerned, the Deputy should note that it is not the practice to comment in detail on individual asylum applications.

  140.  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 regarding an application for leave to remain and residency in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [35140/09]

[403]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. 283 of Tuesday, 28 April, 2009 and the written Reply to that Question.

The person concerned applied for asylum on 22 December 2004. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his 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 21 March 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 a Deportation Order should not be made against him. Representations have been received on behalf of the person concerned.

The position in the State 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 the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

  141.  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 regarding an application for leave to remain in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [35141/09]

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 23 April 2004. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his 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 22 November 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 a Deportation Order should not be made against him. Representations have been received on behalf of the person concerned.

The position in the State 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 the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.


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