Róisín Shortall (Dublin North West, Labour)
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Question 141: To ask the Minister for Justice, Equality and Law Reform the options open to a person (details supplied) in Dublin 1; if there is a mechanism to re-open this person's appeal to consider the full facts of the case; and if he will agree to do so. [8420/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 5 January 2004 and claimed asylum. His application was refused by the Office of the Refugee Applications Commissioner and on appeal by the Office of the Refugee Appeals Tribunal. He was notified of my decision to refuse him refugee status by letter of 20 October 2004 and afforded three options: to leave the State before his case was considered for deportation; consent to the making of a deportation order in respect of him; make written representations, within 15 working days, setting out the reasons why he should not be deported, that is, why he should be allowed to remain temporarily in the State.

His case was examined under section 3 of the Immigration Act 1999 and section 5 of the Refugee Act 1996, prohibition of refoulement. A deportation order was made in respect of him on 26 January 2005. The order was served on him requiring him to present himself to the Garda national immigration bureau on 17 February 2005. He presented as requested and is due to present again to the bureau on Thursday, 10 March 2005, for arrangements to be made with the Nigerian Embassy for the issue of travel documents.

His legal representatives recently lodged an application for re-admission to the asylum process with the ministerial decisions unit of my Department pursuant to section 17 (7) of the Refugee Act 1996, as amended. However, after careful consideration of the case, and having regard to the views expressed by the independent monitoring committee about the handling of his appeal by the refugee legal service, my Department concluded that the new material submitted to support his request did not significantly add to the likelihood of him qualifying for asylum and, as such, the request for re-admission to the process was refused.

The deportation order remains extant and the Garda national immigration bureau will be making arrangements for his return to Nigeria as soon as travel documents are available from the Nigerian Embassy.