Dáil Éireann - Volume 661 - 24 September, 2008

Written Answers. - Asylum Applications.

Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [30302/08]

  Deputy Dermot Ahern: The person concerned arrived in the State on 28 August 2000 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. The person concerned was informed by letter dated 22 January 2003 that the Minister proposed to make a Deportation Order in respect of him and afforded him three options in accordance with Section 3(3)(b)(ii) of the Immigration Act, 1999 (as amended) namely to leave the State voluntarily, to consent to the making of a Deportation Order or to submit, within 15 working days, written representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State.

His case was examined 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. Consideration was given to representations submitted on his behalf for permission to remain in the State. On 12 July 2004 one of my predecessors refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of him. Notice of this order was served by registered post requiring the person concerned to present himself at the Garda National Immigration Bureau, 13-14 Burgh Quay on Tuesday 10 August 2004 in order to make travel arrangements for his removal from the State. He failed to comply with his reporting requirements and was classified as evading his deportation.

By letter dated 26 August 2008, the legal representative of the person concerned lodged an application for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006 — Statutory Instrument No. 518 of 2006. By letter dated 10 September 2008 the legal representative of the person concerned was invited to make an appli[483] cation under Regulation 4(2) of the aforesaid Regulations setting out any new facts or circumstances relevant to the person concerned or his country of origin which had arisen since the original decision to deport was made and which related to a possible entitlement to Subsidiary Protection. My officials are currently awaiting a response in this regard. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the GNIB.

Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [30303/08]

  Deputy Dermot Ahern: I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in February, 2008. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This application is currently under investigation and a reply from the applicant’s solicitor in relation to queries raised is awaited. When the investigation is completed a report will be forwarded to my Department for a decision.

Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [30304/08]

  Deputy Dermot Ahern: The person concerned applied for asylum in the State on 16 November 2006. Following investigation by the Office of the Refugee Applications Commissioner, it was established that the person concerned had previously made an asylum application in the United Kingdom and, as such, a determination was made that the person concerned should be transferred to the United Kingdom for the purposes of having her asylum application examined there. This determination was upheld following an appeal to the Refugee Appeals Tribunal. Consequently, a Transfer Order was signed in respect of the person concerned on 10 January 2007. This Order was subsequently served on the person concerned which placed a legal obligation on her to present herself at the Offices of the Garda National Immigration Bureau (GNIB), on Thursday 18 January 2007, to make arrangements for her formal transfer to the United Kingdom. The person concerned failed to ‘present’ on this occasion and was therefore classified as having ‘evaded’ her transfer. The person concerned became illegally resident in the State at that time.

The person concerned continued to evade her transfer with the consequence that the Transfer Order expired leaving Ireland responsible for processing the asylum application of the person concerned. At this point the case of the person concerned was referred back to the Office of the Refugee Applications Commissioner for the purposes of having her asylum claims investigated. As part of this process, the person concerned was invited to attend for interview at that Office at a designated date and time but she failed to attend. Neither did she offer any explanation for her non-attendance. As a result, the Office of the Refugee Applications Commissioner made a recommendation that the person concerned be refused a declaration of refugee status. This recommendation was conveyed in writing to the person concerned by letter dated 30 June 2008. This communication also notified the person concerned that, in accordance with the provisions of Section 13(2)(c) of the Refugee Act 1996 (as amended), there was no appeal against this recommendation.

Arising from the recommendation of the Refugee Applications Commissioner, and in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was [484] informed, by letter dated 14 July 2008, 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 has not responded to my Department’s letter dated 14 July 2008. The case of the person concerned now falls to be dealt with in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended). This process will involve an examination of the case of the person concerned having regard to 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.

Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency or naturalisation status in the case of a person (details supplied) in Dublin 18; and if he will make a statement on the matter. [30305/08]

  Deputy Dermot Ahern: The person concerned applied for asylum on 31 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. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 19 February 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 submitted on behalf of the person concerned and will be fully considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 on the prohibition of refoulement, before the file is passed to me for decision.

Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [30306/08]

  Deputy Dermot Ahern: It is not the practice to comment in detail on individual asylum applications. 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.