Eamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context

Question 493: To ask the Minister for Justice, Equality and Law Reform if he has received an application for permission to remain here from a person (details supplied) who arrived here as an unaccompanied minor in 2003; and if he will make a statement on the matter. [9555/06]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

The person concerned arrived in the State on 27 October, 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 Office of the Refugee Appeals Tribunal.

The person concerned was informed by letter dated 10 August, 2005, that the Minister proposed to make a deportation order in respect of him and afforded him three options in accordance with section 3(3)(b)(ii) of the Immigration Act 1999, as amended, namely 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 why he should be allowed to remain temporarily.

His case was examined under section 3(6) of the Immigration Act 1999 as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement. Consideration was given to representations received on his behalf from his legal representative for temporary leave to remain in the State.

On 14 December 2005 I refused temporary leave to remain and instead signed a deportation order in respect of him. Notice of this order was served by registered post requiring him to present himself to the Garda National Immigration Bureau, GNIB, 13/14 Burgh Quay, Dublin 2, on 2 February 2006, in order to make travel arrangements for his deportation from the State. The person concerned presented as required and was given a further presentation date of 28 February, 2006. He presented on that date and is required to present again on 14 March, 2006. The person concerned is awaiting deportation following a comprehensive examination of his asylum claim and of his application to remain temporarily in the State. All representations made regarding his good character were considered pursuant to section 3(6)(g) of the Immigration Act 1999, as amended. These were deemed not to constitute sufficient grounds for revoking the deportation order and granting leave to remain instead.

Further representations setting out the reasons why this person should not be deported were received in my Department. I expect the case file in this matter to be re-submitted to me shortly for my consideration. The person concerned will be notified of my decision shortly.