Bernard Durkan (Kildare North, Fine Gael)
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Question 236: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the position in relation to asylum or family reunification in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [33929/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned, a Nigerian national, arrived in the State on 24 November, 2005 and applied for asylum. 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 21 July, 2006 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.

The 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) as amended. I expect the file to be passed to me for decision in due course.