Bernard Durkan (Kildare North, Fine Gael)
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Question 186: To ask the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [15857/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 22 April 1999 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 29 August 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.

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.