Michael D Higgins (Galway West, Labour)
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Question 485: To ask the Minister for Justice, Equality and Law Reform if, in view of additional and impressive material which goes a very considerable way to authenticate in every detail the basis for the application for a person (details supplied) to stay here, he will consider this new information based on an expert interview and allow the person involved to stay here on humanitarian grounds. [3157/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person in question arrived in the State on 22 October 2001 and applied for asylum. His application was refused following the 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 was informed in a letter of 25 June 2003 that the Minister proposed to make a deportation order in respect of him. He was given three options, in accordance with section 3(3)(b)(ii) of the Immigration Act 1999, as amended — 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, on the prohibition of refoulement. Consideration was given to representations received on his behalf from the Refugee Legal Service for temporary leave to remain in the State. On 3 August 2004, I refused him temporary leave to remain and signed a deportation order in respect of him. Notice of the order was served by registered post requiring him to present himself to the Garda National Immigration Bureau, 13/14 Burgh Quay, Dublin 2, on 27 January 2005, to make travel arrangements for his deportation from the State. The man presented as required and was given further presentation dates throughout 2005. He is due to present again on 8 March 2006.

The person is awaiting deportation following a comprehensive examination of his asylum claim and his application to remain temporarily in the State. Late representations made on 26 January 2005 regarding his medical condition were considered but were deemed not to constitute sufficient grounds for revoking the deportation order and granting leave to remain instead. Therefore, the decision to deport remains unchanged. An application for readmission to the asylum process on behalf of the person was made by his legal representative in November 2005. A decision was taken by the Department that the new evidence presented was not such as to cause the original recommendations of the Office of the Refugee Applications Commissioner and that of the Office of the Refugee Appeals Tribunal to be overturned. Consequently, the readmission request was refused. The enforcement of the deportation order is now an operational matter for the Garda National Immigration Bureau.