Jan O'Sullivan (Limerick East, Labour)
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Question 211: To ask the Tánaiste and Minister for Justice, Equality and Law Reform when a decision will be made on an application for leave to remain here on humanitarian grounds from a person (details supplied) in County Limerick; and if he will make a statement on the matter. [4224/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 4 September, 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 6 July, 2004, 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 were received on behalf of the person concerned. His case was considered under Section 3 of the Immigration Act 1999, as amended and Section 5 of the Refugee Act 1996, as amended (Prohibition of Refoulement), including all representations received on his behalf, and a deportation order was made in respect of him on 26 August, 2004.

A number of further representations were received on behalf of the person concerned, and his case was re-considered under Section 3 of the Immigration Act 1999, as amended and Section 5 of the Refugee Act 1996, as amended (Prohibition of Refoulement). On 14 December, 2005, I affirmed the deportation order made in respect of the person concerned.

Further representations have again been received on behalf of the person concerned, and his case file is being re-considered. 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.