Fergus O'Dowd (Louth, Fine Gael)
Link to this: Individually | In context

Question 502: To ask the Minister for Justice, Equality and Law Reform if permission to remain here will be granted to a person (details supplied) in County Louth on humanitarian grounds; and if he will make a statement on the matter. [35532/05]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

The person concerned arrived in the State on 17 April 1998 and claimed asylum the same day. He married an Irish national on 23 June 1999. He withdrew his application for asylum on 7 July 1999 in order to make an application for residence in the State on foot of his marriage to an Irish national. He was granted permission to remain in the State for an initial period of six months commencing at the end of March 2000. His residence permission was renewed on several occasions until his Irish spouse informed the Department by letter dated 8 April 2003 that her marriage had broken up shortly after it commenced.

On 28 May 2003 the person concerned was served with a notice in accordance with section 3 of the Immigration Act 1999, as amended. The notice informed him that the Minister proposed to make a deportation order in respect of him. He was given three options: make representations to the Minister within 15 working days setting out the reasons he should not be deported; voluntarily leave the State; or consent to the making of a deportation order against him.

The Minister went on to consider his case for deportation under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, (prohibition of refoulement), including consideration of all representations received on his behalf. A deportation order was signed in respect of him on 23 September 2005. He was requested to present himself to the Garda National Immigration Bureau, GNIB, on Thursday, 6 October 2005 to make arrangements for his removal from the State. He presented as requested and was given a further presentation date of 13 October 2005. A subsequent presentation date of 18 October 2005 was arranged: however, he failed to present on that occasion. He is now classified as evading deportation and is liable to arrest and detention.

On receipt of correspondence from his legal representative dated 18 October 2005 requesting permission for their client to re-enter the asylum process, a letter dated 20 October 2005 issued from my Department advising that he was free to apply for asylum again. At the same time my Department advised the Garda National Immigration Bureau, whose function it is to enforce deportation orders, to put a temporary stay on the deportation to allow him to reapply. To date, no application for asylum has been received by the Office of the Refugee Applications Commissioner, ORAC, from the person concerned. In the event that an application for refugee status has not been received by the ORAC by close of business on Thursday, 1 December 2005, I will be advising the GNIB to proceed with the enforcement of his deportation order.