Jan O'Sullivan (Limerick East, Labour)
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Question 538: To ask the Minister for Justice, Equality and Law Reform if he will make a decision on leave to remain for a person (details supplied); and if he will make a statement on the matter. [5597/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 9 August 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 9 March 2004 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 was made; or consenting to the making of a deportation order. His 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.