Bernard Durkan (Kildare North, Fine Gael)
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Question 136: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he has considered the submissions received under Section 3 (6) of the Immigration Act 1999 in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [33842/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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On 9 October 2006, my Department wrote to the person's legal representatives inviting them to lodge further representations regarding their client's application for leave to remain.

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

Bernard Durkan (Kildare North, Fine Gael)
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Question 137: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in Dublin 11; and if he will make a statement on the matter. [33843/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 5 June 2001 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 Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 10 March 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 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.