John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 520: To ask the Minister for Justice, Equality and Law Reform if he will expedite a decision in the case of a person (details supplied); if this person's card will be renewed in the short term; and if he will make a statement on the matter. [9378/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 20 February 2001 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 section 3 of the Immigration Act 1999, as amended, he was informed by letter, dated 20 February 2003, 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. 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.

My Department is not in a position to renew this person's temporary residence asylum card, as he has failed the asylum process. He can contact the repatriation unit, Department of Justice, Equality and Law Reform, 13-14 Burgh Quay, Dublin 2, and request a status letter which outlines his present status in the State.

John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 521: To ask the Minister for Justice, Equality and Law Reform if he will reconsider the evidence given in the case of a person (details supplied) in County Kilkenny; if a response will be expedited. [9379/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 10 February 2002 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. He was notified of my decision to refuse him refugee status by letter of 8 July 2003 in which he was informed of the three options open to him at that point, which are to leave the State before his case was considered for deportation; consent to the making of a deportation order in respect of him; or make written representations, within 15 working days, to the Minister for Justice, Equality and Law Reform setting out the reasons 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), including consideration of all representations received on his behalf. A deportation order was made in respect of him on 24 August 2004.

The person concerned, through his legal representatives, recently sought re-admittance to the asylum process in accordance with the provisions of section 17 (7) of the Refugee Act 1996, as amended. After careful consideration, this request was refused and this decision was communicated to the person concerned, again through his legal representatives, in a letter dated 24 February 2005.

Further representations have been received on behalf of the person concerned and his case file is due to be re-examined under section 3 of the Immigration Act 1999 and section 5 of the Refugee Act 1996 (Prohibition of Refoulement). I expect the file to be passed to me for decision shortly.