Billy Kelleher (Cork North Central, Fianna Fail)

The Minister would regard such a condition as being entirely reasonable and proportionate in the circumstances.

In regard to the individual to whom the Deputy referred, I understand he arrived in the State on 8 November 2004 and claimed asylum the following day. His asylum application was investigated by the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Both investigations concluded that the person concerned did not meet the criteria for recognition as a refugee.

Arising from the rejection of his asylum application and in accordance with section 3 of the Immigration Act 1999, as amended, the person concerned was notified by letter dated 16 June 2008 of the Minister's proposal to issue a deportation order in respect of him. This communication also notified the person concerned of the options open to him at that point in time, namely, to leave the State voluntarily, to consent to deportation or to submit, within 15 working days, written representations to the Minister setting out the reasons he should be allowed to remain temporarily in the State. Representations were submitted on behalf of the person concerned at that time.

Following consideration of the person's case under section 3(6) of the Immigration Act 1999 and section 5 of the Refugee Act 1996 on the prohibition of refoulement, the Minister decided, as an exceptional measure and subject to certain stated conditions, to grant temporary leave to remain in the State for a three year period until 21 October 2011. This decision was conveyed in writing by a letter dated 21 October 2008 which explained in detail the means by which registration in the State could be effected.

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