Bernard Durkan (Kildare North, Fine Gael)
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Question 219: To ask the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [8781/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 14 April 1998 and applied for asylum. His application was refused following consideration of his case by asylum division of my Department and, on appeal, by the appeals authority. Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, he was informed by letter dated 17 August 2000 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. 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.