Tony Gregory (Dublin Central, Independent)
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Question 678: To ask the Minister for Justice, Equality and Law Reform when a decision will be reached regarding the application for residency from a person (details supplied) in Dublin 1 who has been here for the past ten years. [10756/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 6 October 1996 and applied for asylum. On 24 April 1998 he withdrew his asylum application and made an application for residency on the basis of his parentage of an Irish national. This application was subsequently deemed abandoned as the applicant failed to respond to all correspondence which issued to him from my Department.

In accordance with section 3 of the Immigration Act 1999, as amended, the person was informed by letter dated 10 November 2003, 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 in respect of him. Representations setting out reasons he should not be deported were received. On 31 January 2006 a letter issued from my Department to the person's legal representatives affording him the opportunity to make further representations. Further representations 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.