Bernard Durkan (Kildare North, Fine Gael)
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Question 246: To ask the Minister for Justice, Equality and Law Reform if he will review the decision to deport in the case of a person (details supplied) in County Waterford in view of the danger of a life-threatening situation in the event of return to that person's homeland; and if he will make a statement on the matter. [6250/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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While it is not the practice to comment in detail on individual asylum applications, the issue of deportation in this case does not arise at present.

As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. A final decision on this application will be made upon receipt of the decision of the Refugee Appeals Tribunal.

Bernard Durkan (Kildare North, Fine Gael)
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Question 247: To ask the Minister for Justice, Equality and Law Reform if extended leave to remain here will be granted in the case of a person (details supplied) in County Waterford who has demonstrated good reason to fear for his safety in the event of deportation to his homeland; and if he will make a statement on the matter. [6251/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 14 December 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 a letter dated 3 August 2005 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 is 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.