Michael D Higgins (Galway West, Labour)
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Question 225: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the present circumstance of an application to remain in the State on humanitarian grounds by a person (details supplied) and when a decision will be reached. [31699/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned, a Nigerian national, arrived in the State on 1 April 2003 and applied for asylum on 25 September of the same year. His application was refused following consideration of the case by the Office of the Refugee Applications Commissioner and on appeal by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999, as amended, the person concerned was informed by letter dated 25 April 2005 that the Minister was proposing to make a deportation order in respect of him. He was, in accordance with the Act, given the option of making representations, within 15 working days, setting out the reasons why he should not be deported i.e. be allowed to remain temporarily in the State; leaving the State before the deportation order was made; or consenting to the making of the deportation order. Various representations setting out reasons why he should not be deported were subsequently received.

I expect the case file in the matter to be submitted to me for decision in due course. The 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.