Bernard Durkan (Kildare North, Fine Gael)
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Question 956: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Meath; if they have or will be offered identification documentation; and if he will make a statement on the matter. [20321/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 139 of Thursday, 28 September, 2006, Parliamentary Question No. 70 of Thursday, 15 June, 2006 and Parliamentary Question No 248 of Thursday, 16 February, 2006 and the written replies to those questions. The person concerned arrived in the State on 26 February, 2003 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 15 February, 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.

His 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. In regard to the issue of an identification document, the Office of the Refugee Applications Commissioner is responsible for the issue of Temporary Residence Certificates to persons who are being considered for refugee status in the State. The Temporary Residence Certificate is not an identity document. In cases where the application for refugee status is determined and refused, the Temporary Residence Certificate is not renewable once it has expired. Accordingly, my Department is not in a position to issue the person in question with an identification document.