Gay Mitchell (Dublin South Central, Fine Gael)
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Question 266: To ask the Minister for Justice, Equality and Law Reform if he will review the case of a person (details supplied) in Dublin 8. [2410/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The position is that the person concerned arrived in the State on 5 November 2002 and claimed asylum. His application was refused and he was notified of this recommendation by letter of 10 July 2003. His subsequent appeal was refused and he was notified of this recommendation by letter of 31 October 2003. He was notified of my decision to refuse him refugee status by letter of 25 February 2004 in which he was informed of the three options open to him at that point, namely, to leave the State before the Minister for Justice, Equality and Law Reform made a deportation order in respect of him, to consent to the making of a deportation order in respect of him or to make written representations, within 15 working days, to the Minister for Justice, Equality and Law Reform setting out reasons he should not be deported, that is, why he should be allowed to remain temporarily in the State.

The case was examined under section 3 of the Immigration Act 1999 and section 5 of the Refugee Act 1996 — prohibition of refoulement— including consideration of all representations received on his behalf. On 26 August 2004 a deportation order was made in respect of this person. The order was served on him by registered post and he presented himself as requested to the Garda national immigration bureau on Thursday, 13 January 2005. He is due to present himself again on Thursday, 3 February 2005 when it is envisaged that arrangements can be made to remove him from the State.

My Department uses extensive country of origin information drawn from different independent sources, including the UNHCR, in evaluating the safety of making returns to third countries. I am satisfied that in the current case the requirements of section 5 of the Refugee Act 1996 have been complied with and that no refoulement matters arise. The enforcement of the deportation order is a matter for the Garda national immigration bureau.