Jan O'Sullivan (Limerick East, Labour)
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Question 219: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will take into account humanitarian consideration and letters from a psychiatrist in relation to an application for a person (details supplied) in County Meath in their application for asylum; and if he will make a statement on the matter. [38680/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted.

As I have been advised that judicial review proceedings have been taken in this case, it would be inappropriate to comment at this time.

Mary Upton (Dublin South Central, Labour)
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Question 220: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the status of an application for refugee status by a person (details supplied) in Dublin 8 if neither his Department nor the Refugee Appeals' Council are able to locate their file; if he will endeavour to locate this file or at least establish its whereabouts; and if he will make a statement on the matter. [38692/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned, a Ukrainian national, applied for asylum on 27 May, 2003. His application was refused by the Office of the Refugee Applications Commissioner on 23 August, 2004. He did not appeal this decision.

In accordance with section 3 of the Immigration Act 1999, the person concerned was informed on 14 October, 2004 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. Representations have been received from the person concerned requesting leave to remain in the State on the basis of his marriage to a Kazakhstan national who has leave to remain based on her parentage of a child born in the State before 1 January, 2005.

The case file of this person is currently with the Repatriation Unit of my Department for examination for deportation. I expect the file 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.