John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 729: To ask the Minister for Justice, Equality and Law Reform if an application by a person (details supplied) in County Kilkenny to stay here on humanitarian grounds will be expedited; and if he will make a statement on the matter. [1212/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person in question arrived in the State on 10 June 2003 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. Subsequently, in accordance with the Immigration Act 1999, as amended, he was informed by letter dated 11 November 2004, that it was proposed to make a deportation order in his case. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out reasons she should be allowed to remain temporarily in the State, leaving the State before the deportation order is made or consenting to the making of a deportation order.

This person's case file, including all representations submitted, will be considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 — Prohibition of Refoulement. I expect the case file to be passed to me for decision in due course.