Cecilia Keaveney (Donegal North East, Fianna Fail)
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Question 246: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [31083/05]

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. Representations have been received on behalf of the person concerned.

The 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