Bernard Durkan (Kildare North, Fine Gael)
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Question 468: To ask the Minister for Justice, Equality and Law Reform if the application for residency status in the case of a person (details supplied) in Dublin 22 will be considered; and if he will make a statement on the matter. [2839/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 2 November 2004 and applied for asylum. Her application was refused following consideration of her 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, she was informed by letter dated 17 November 2005 that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons she 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. Her 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 469: To ask the Minister for Justice, Equality and Law Reform the status in respect of residency and work permit eligibility in the case of a person (details supplied) in County Kildare. [2840/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I refer the Deputy to the answer I gave to Question No. 35 on Tuesday, 17 May 2005.

The person concerned arrived in the State on 12 April 1999 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 Office of the Refugee Appeals Tribunal.

The person concerned was informed by letter dated 31 May 2001 that the Minister proposed to make a deportation order in respect of him and afforded him three options in accordance with section 3(3)(b)(ii) of the Immigration Act 1999 as amended, namely, to leave the State voluntarily, to consent to the making of a deportation order or to submit, within 15 working days, representations to the Minister, in writing, setting out the reasons he should be allowed to remain temporarily in the State. His case was examined under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 — prohibition of refoulement. On 20 February 2002, my predecessor refused temporary leave to remain and signed a deportation order in respect of him. Notice of this order was served by registered post requiring him to present himself to the Garda National Immigration Bureau, GNIB, 13/14 Burgh Quay, Dublin 2, on 8 March 2002 in order to make arrangements for his deportation from the State.

The person concerned failed to present as required and was classified as an evader. As such he is liable to arrest and detention under section 5 of the Immigration Act 1999, as amended, for the purposes of ensuring his removal from the State. I urge the person concerned to come forward and present himself to the GNIB as soon as possible.