John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 730: To ask the Minister for Justice, Equality and Law Reform if he will expedite a decision in the case of a person (details supplied) in Dublin 15 who has applied to stay here on humanitarian grounds; if a temporary identification card will be issued given that this person has been here for five years; and if he will make a statement on the matter. [1213/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 27 April, 2000 and applied for asylum on the same day. His wife entered the State on 8 August 2000 and applied for asylum on the same day. 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, he was informed by letter dated 31 October 2002, 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 making representations to the Minister setting out the reasons he should be allowed to remain temporarily in the State, leaving the State before an order is made or consenting to the making of a deportation order. Representations have been received on behalf of the person concerned.

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 file to be passed to me for decision in due course. Persons in these circumstances — who have been refused declarations as refugees and are awaiting decisions as to their deportations — are not issued with temporary identification cards.