Fergus O'Dowd (Louth, Fine Gael)
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Question 506: To ask the Minister for Justice, Equality and Law Reform further to Question No. 610 of 14 June 2005, if documents will be returned to a person (details supplied) in County Louth; and if he will make a statement on the matter. [23705/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The position relating to the residency application was advised in my reply of 14 June 2005 and has not changed. I assume the documents referred to are those that were withheld for examination in June 2004. Some of these documents remain in the custody of the Garda Síochána. As the retention of these documents by the Garda Síochána is the subject of court proceedings it would not be appropriate for me to make a statement on this issue.

Cecilia Keaveney (Donegal North East, Fianna Fail)
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Question 507: To ask the Minister for Justice, Equality and Law Reform the position in respect of an application for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [23706/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 14 March 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 February 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 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.

His 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.