Pádraic McCormack (Galway West, Fine Gael)
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Question 401: To ask the Minister for Justice, Equality and Law Reform if a decision has been made on a residency application for a person (details supplied) in County Galway; when a decision is likely on this ongoing matter; and if he will make a statement on the matter. [12813/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 6 May 2000 and applied for asylum. His application was refused following consideration of his case by asylum division 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 letter dated 17 January 2002, 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 why 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 have been received on behalf of the person concerned.

This person's 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.