Gay Mitchell (Dublin South Central, Fine Gael)
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Question 95: To ask the Tánaiste and Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 129 of 29 November 2006, the consideration that has been given to the application for leave to remain on the basis of family reunification and on humanitarian grounds in the case of a person (details supplied) in Dublin 15; when a decision will be made; and if he will make a statement on the matter. [6964/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I wish to refer the Deputy to my response to Parliamentary Question 129 of 29 November 2006. At present there is no Family Reunification application pending in respect of the above named. The person concerned arrived in the State on 8 June, 2005 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 24 January, 2006, 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.

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.