John Curran (Dublin Mid West, Fianna Fail)
Link to this: Individually | In context

Question 557: To ask the Minister for Justice, Equality and Law Reform when a decision will be made regarding an application for leave to remain here made by a person (details supplied) in Dublin 22. [6868/06]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

The person concerned arrived in State on 15 September 1997 and claimed asylum. His claim for refugee status was considered under the process then applicable and was refused by the asylum division of my Department. He was notified of the decision on 13 January 1999. He appealed this decision to the appropriate body at the time, the appeals authority, which affirmed the decision of the asylum division. He was notified of this decision on 26 May 1999. An application, dated 6 August 1999, to remain in the State based on his marriage to an Irish national was received from the applicant's solicitors.

This application from the person in question was considered and it was determined that he is not residing, and it is doubtful if he ever resided, in the same household in a family unit with his spouse since the date of his marriage. As he did not qualify for the residency rights on the separate basis of his marriage to an Irish national, a notification of refusal on that basis issued on 23 November 2005.

Since the person in question did not have an alternative legal basis for remaining in this jurisdiction, the letter of 23 November 2005, referred to above, also contained a notification of a proposal to deport him from the State under section 3 of the Immigration Act 1999. It was open to the person in question to make representations within 15 working days of the date of that letter as to why he should not be deported from the State and representations were duly received by the Department. The question of whether the person concerned will be deported or granted leave to remain in the State will be considered in the light of those representations and in the context of the range of factors set out in section 3(6) of the Immigration Act 1999.