Joe Costello (Dublin Central, Labour)
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Question 328: To ask the Minister for Justice, Equality and Law Reform when a decision will be made regarding the application to remain in the State on humanitarian grounds of a person (details supplied); and if he will make a statement on the matter. [17825/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 8 September, 2001 and worked illegally for four years following which he applied for asylum in 2005. 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 29 December, 2005, 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.

Joe Costello (Dublin Central, Labour)
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Question 329: To ask the Minister for Justice, Equality and Law Reform if he will reconsider the application to remain in the State on humanitarian grounds of a person (details supplied); and if he will make a statement on the matter. [17826/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 15 April, 1997 and applied for asylum. His application was refused at appeal stage following consideration of his case.

The person concerned was informed by letter dated 26 November 1999, 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 from his legal representative for temporary leave to remain in the State. On 11 May 2000, my predecessor refused temporary leave to remain in the State and signed a deportation order in respect of him.

An application for permission to remain in the State on the basis of parentage of an Irish born child was made circa August 2002 and refused by letter dated 22 April 2004. An application under the IBC/05 Scheme which introduced revised arrangements for the processing of claims for permission to remain in the State from the non-national parents of Irish born children was refused by letter dated 19 January 2006.

An application for revocation of the deportation order in this case is still under consideration in my Department. I expect to be in a position to make a decision on this matter shortly.