Bernard Durkan (Kildare North, Fine Gael)
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Question 333: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the residency status and work status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [1816/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned, a Nigerian national arrived in the State on 4 January, 1999 and applied for asylum. His claim for refugee status was considered under the process then applicable and was refused by the Asylum Division of my Department. He was notified of the decision on 28 January, 2000. He appealed this decision to the appropriate body at the time, the Appeals Authority, which affirmed the decision of the Asylum Division. He was notified of this decision on 10 November, 2000.

In accordance with section 3 of the Immigration Act 1999, the person concerned was informed on 10 November, 2000 that the Minister proposed to make a deportation order in respect of him. He was, in accordance with the Act, given the options 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 setting out reasons why he should not be deported were subsequently received.

I expect the case file to be submitted to me shortly for decision. 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.

With regards the work status of the person concerned, he was issued with a right to work letter on 29 March, 2000. However, once the person concerned is issued with a notification of intention to deport this right to work letter is no longer valid.