Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 464: To ask the Minister for Justice, Equality and Law Reform when a decision will be made in respect of an application for asylum by a person (details supplied) in County Dublin; and if he will make a statement on the matter. [20635/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State in December 2001 and claimed asylum. He was requested by registered letter to attend the Office of the Refugee Applications Commissioner for interview on 15 May 2002 pursuant to his application for refugee status in the State. He failed to present on that occasion. A follow up letter issued to him by registered post rescheduling his interview for 15 July 2002. He again failed to present as requested. Pursuant to the provisions of section 11(9) of the Refugee Act 1996, as amended, the application of the person concerned was deemed to be withdrawn. A notice dated 18 July 2002 issued from the Office of the Refugee Applications Commissioner recommending that the person referred to by the Deputy should not be declared a refugee.

He was notified of my decision to refuse him refugee status by registered letter dated 6 September 2002 and afforded three options, namely, leave the State before his case was considered for deportation, consent to the making of a deportation order in respect of him, submit to the Minister for Justice, Equality and Law Reform within 15 working days written representations setting out reasons why he should not be deported or why he should be allowed to remain temporarily in the State. No representations were received either from or on behalf of this person.

His case was examined under section 3 of the Immigration Act 1999 and section 5 of the Refugee Act 1996 (Prohibition of Refoulement). On 7 August 2003 a deportation order was made in respect of him. The order was served on him by registered letter dated 2 October 2003. The removal from the State of the person concerned is therefore now an operational matter for the Garda National Immigration Bureau, GNIB.

John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 465: To ask the Minister for Justice, Equality and Law Reform if his Department has considered an application to stay in the State on humanitarian grounds in the name of a person (details supplied) in County Kilkenny; and when a decision will be made in the case. [20640/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 25 April, 2003 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 16 May 2005 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 why 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.