Bernard Durkan (Kildare North, Fine Gael)
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Question 122: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he has completed his consideration under Section 3 of the Immigration Act 1996 as to whether a person (details supplied) in County Galway will be given leave to remain in the State; if he has issued instruction or direction; and if he will make a statement on the matter. [12195/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 17 November 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 10 November 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.

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.