Róisín Shortall (Dublin North West, Labour)
Link to this: Individually | In context

Question 211: To ask the Minister for Justice, Equality and Law Reform if he will review the case of a person (details supplied) on humanitarian grounds in view of the medical treatment they are currently undergoing and in view of the threat to their safety in the event of their return to Nigeria. [23143/06]

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

The person concerned arrived in this State on 23 March 2005 and claimed asylum on the same date. His application was considered at first instance by the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal, both of whom concluded that the person concerned did not meet the criteria for recognition as a refugee. The person concerned was notified, by letter dated 22 November 2005, of my decision to refuse to give him a declaration as a refugee. He was also advised of the options open to him at that point in time vis a vis his position in the State i.e. to leave the State voluntarily, to consent to deportation or to submit, within 15 working days, written representations setting out reasons as to why he should be permitted to remain in the State. Representations were submitted on behalf of the person concerned.

The case of the person concerned was fully considered, pursuant to the provisions of Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. Consideration was also given to the representations submitted on behalf of the person concerned. Following this detailed examination of the application of the person concerned for permission to remain in the State, I signed a Deportation Order in respect of him on 20 March 2006.

On 8 May 2006, further representations were submitted on behalf of the person concerned. The issue of the medical treatment being undergone by the person concerned was raised in these most recent representations. These further representations were considered under Section 5 of the Refugee Act 1996 (as amended) and under Section 3 (6) of the Immigration Act 1999 (as amended) following which a decision was taken that the Deportation Order issued in respect of the person concerned should be affirmed. The enforcement of the Deportation Order issued in respect of the person concerned is now an operational matter for the Garda National Immigration Bureau (GNIB).

I am satisfied that the asylum application and the application for permission to remain in the State submitted by the person concerned have been fairly and comprehensively examined. As a result, it is not my intention to further review this case.