Bernard Durkan (Kildare North, Fine Gael)
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Question 161: To ask the Minister for Justice, Equality and Law Reform if residency status, temporary or permanent on humanitarian or other grounds can or will be offered in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [31857/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 13 December, 2001 and applied for asylum the next day. Having failed to attend for interview, the Refugee Applications Commissioner made a recommendation to the Minister that he should not be declared a refugee. Subsequently, in accordance with Section 3 of the Immigration Act 1999, as amended, he was informed by letter dated 5 June, 2002, that the Minister proposed to make a deportation order in respect of him. Following consideration of the person's case file under Section 3 of the Immigration Act 1999, as amended, and Section 5 of the Refugee Act 1999, as amended, a deportation order was signed in respect of the said person on 4 July, 2003. On 3 August, 2004 the deportation order in respect of the person concerned was revoked, thus enabling the person concerned to re-enter the asylum process.

His application for asylum was refused following consideration of his case by 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 7 July, 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), as amended. I expect the file to be passed to me for decision in due course.