Willie Penrose (Westmeath, Labour)
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Question 135: To ask the Minister for Justice, Equality and Law Reform the steps he will take to ensure that an application for residency status by a person (details supplied) in County Westmeath which is based on humanitarian considerations and the fact that the person has been married since the application was made, is immediately dealt with; and if he will make a statement on the matter. [7551/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 10 December 1998 and claimed asylum. His claim for refugee status was considered under the process then applicable and was refused by the asylum division of my Department. He was notified of the decision on 1 March 2000. His subsequent appeal was refused by the Office of the Refugee Appeals Tribunal and he was notified of this recommendation by letter on 14 November 2000.

In accordance with section 3 of the Immigration Act 1999 the person concerned was also informed on 14 November 2000 that the Minister proposed to make a deportation order in respect of him. He was, in accordance with the Act, given the options of making representations within 15 working days setting out the reasons he should not be deported but be allowed to remain temporarily in the State; leaving the State before the order was made; or consenting to the making of a deportation order. Representations setting out reasons he should not be deported were subsequently received. I expect the case file in this matter to be submitted to me shortly for decision. This decision will be taken having regard to considerations specified in section 3(6) of the Immigration Act 1999, as amended. These considerations include matters relating to the common good, the person's family and domestic circumstances as well as humanitarian considerations. Consideration will also be given to the prohibition of refoulement which is contained in section 5 of the Refugee Act 1996, as amended.