Tom Hayes (Tipperary South, Fine Gael)
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Question 138: To ask the Minister for Justice, Equality and Law Reform the position regarding the outcome of an appeal of a decision on an application for refugee status by a person (details supplied) which was lodged in late 2004 or early 2005. [17772/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 15 February 2000 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 30 April 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.