Jan O'Sullivan (Limerick East, Labour)
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Question 194: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if a decision has been made on an application for subsidiary protection by a person (details supplied); if not, when he expects it to be made; and if he will make a statement on the matter. [12832/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 25 April 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.

The person concerned was informed by letter dated 29 September, 2005, that the Minister proposed to make a deportation order in respect of him and afforded him three options in accordance with Section 3(3)(b)(ii) of the Immigration Act, 1999, as amended, namely to leave the State voluntarily, to consent to the making of a deportation order or to submit, within 15 working days, representations to the Minister, in writing, setting out the reasons why he should be allowed to remain temporarily in the State.

His case was examined under Section 3(6) of the Immigration Act, 1999 as amended, and Section 5 of the Refugee Act, 1996 on the Prohibition of Refoulement. Consideration was given to representations received on his behalf for temporary leave to remain in the State. On 23 November 2005, I refused temporary leave to remain in the State and signed a deportation order in respect of him. Notice of this order was served by registered post requiring him to present himself to the Garda National Immigration Bureau (GNIB), 13/14 Burgh Quay, Dublin 2, on 5 December 2005, in order to make travel arrangements for his deportation from the State. The person concerned failed to present himself as required and was classified as evading his deportation. He should present himself to the GNIB without any further delay.

The effect of the deportation order is that the person concerned must leave the State and remain thereafter outside the State.

An application for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006, Statutory Instrument No. 518 of 2006, on behalf of the person concerned was made by his legal representatives and submitted by letter dated 29 October 2006. Said application was refused by my Department by letter dated 13 November 2006. The basis for the refusal was that the deportation order was signed by me on 23 November 2005, whereas the Regulations came into operation on 10 October 2006 and do not operate retrospectively.

The enforcement of the deportation order is now an operational matter for the Garda National Immigration Bureau.