John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 1142: To ask the Minister for Justice, Equality and Law Reform further to Question No. 521 of 22 March 2005 regarding a person (details supplied) in County Kilkenny, if the deportation order will be withdrawn under section 17(7) of the Refugee Act 1996 in view of the additional information submitted to his Department; and if he will make a statement on the matter. [1441/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I signed a deportation order in respect of the person concerned on 26 August 2004 following an assessment of his case under section 3 of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, as amended, on the prohibition of refoulement. As the Deputy is aware, the person concerned had previously had his asylum claims rejected by the statutory independent offices of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

The person concerned subsequently, through his legal representatives, sought to be readmitted to the asylum process in accordance with the provisions of section 17(7) of the Refugee Act 1996, as amended. The Deputy might wish to note that a stay was put on his deportation order while the request under section 17(7) was being considered and this stay remains in place even though that request under section 17(7) of the Act was refused. A further similar request, under section 17(7) to have the person concerned readmitted to the asylum process was received in my Department on 6 December 2005. This request has now been examined and, in recent days, a representative from my Department has responded to this request, refusing the request on the basis that no new evidence or information has been adduced that has not already been considered by the Refugee Applications Commissioner or the Refugee Appeals Tribunal as would add to the likelihood of the person concerned qualifying for asylum.

The person concerned has served judicial review proceedings challenging decisions of the Minister for Justice, Equality and Law Reform and the Refugee Appeals Tribunal and, as a result of these proceedings, it would not be appropriate for me to make any further comment on the case of the person concerned at this time.