Jerry Cowley (Mayo, Independent)
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Question 137: To ask the Minister for Justice, Equality and Law Reform the reason a person (details supplied) has been refused asylum here; the further reason his Department when refusing asylum informed this person that they would not be deported as Burundi is not safe; his views on whether, if it is not safe for this person to return to their home place, they should receive instantaneous asylum; and if he will make a statement on the matter. [29956/05]

Jerry Cowley (Mayo, Independent)
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Question 138: To ask the Minister for Justice, Equality and Law Reform the reason asylum and a work permit were refused for a person (details supplied); the further reason this person is now allowed to work when they have a full-time job available to them; and if he will make a statement on the matter. [29957/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 137 and 138 together.

The person concerned arrived in the State on 11 October 2004 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, which are two independent bodies.

Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, he was informed by letter dated 16 March 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. The Deputy will be aware that the issue of work permits is a matter for my colleague, the Minister for Enterprise, Trade and Employment. However, it must be noted that the long standing policy of this Government has been not to allow asylum applicants to take up paid employment pending a final decision being made on their applications. I refer the Deputy to my detailed reply to Parliamentary Question No. 779 of 26 January 2005 on the issue of the right to work for asylum seekers.