Michael Noonan (Limerick East, Fine Gael)
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Question 897: To ask the Minister for Justice, Equality and Law Reform when a decision will be made on an application for naturalisation by a person (details supplied); and if he will make a statement on the matter. [19956/07]

Bernard Durkan (Kildare North, Fine Gael)
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Question 1026: To ask the Minister for Justice, Equality and Law Reform if he will review the proposal to deport in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [20532/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 897 and 1026 together.

The person concerned arrived in the State on 4 September, 2002 and claimed asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

The person concerned was informed by letter dated 6 July, 2004 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, written representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State i.e. why he should not be deported.

His case was examined under Section 3(6) of the Immigration Act, 1999 (as amended), and Section 5 of the Refugee Act, 1996 (as amended) on the Prohibition of Refoulement. Consideration was given to all representations submitted on his behalf for permission to remain temporarily in the Sate. On 26 August, 2004 my predecessor refused permission to remain temporarily in the State and instead 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), on 3 February, 2005, in order to make travel arrangements for his deportation from the State.

Since then further representations have been received on behalf of the person concerned, and the Deportation Order signed in respect of him has been affirmed twice, first by my predecessor on 14 December, 2005 and more recently by me on 18 July, 2007. The person concerned was informed of my decision to affirm the Deportation Order by registered post letter dated 31 July, 2007. He was required to present himself to Henry Street Garda Station, Limerick on Thursday, 16 August, 2007 in order to make travel arrangements for his deportation from the State. He presented as requested and was given a further presentation date of 13 September 2007 which he kept. He is due to present again on 18 October 2007.

By correspondence dated 3 September 2007 the legal representative of the person concerned wrote to my Department providing up to date country of origin information and advising that her client would be at risk of serious harm if deported. The correspondence also included a request that I exercise my discretion under Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006 — Statutory Instrument No. 518 of 2006 to accept and consider an application for Subsidiary Protection.

Following consideration of the information submitted, it was concluded that sufficient new facts and circumstances were presented which would warrant the exercise of my discretion under Regulation 4(2). A letter dated 21 September 2007 has issued notifying the person concerned, and his legal representative, of this decision.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. However, in view of the foregoing, the GNIB have been requested not to proceed with the enforcement of the Deportation Order until an application for Subsidiary Protection has been received and considered.