John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 195: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the status of an application to remain in the State on humanitarian grounds in the name of a person (details supplied) in County Kilkenny; and if she will expedite a positive response. [42315/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 1 May, 2002 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 12 September, 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.

Following consideration of his case under Section 3 of the Immigration Act 1999, as amended, I signed a deportation order in respect of the person concerned on 10 December, 2004. Judicial Review proceedings were instituted and this deportation order was subsequently quashed by order of the High Court on 4 October, 2006. The person concerned has been invited to submit further representations for consideration.

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.