Bernard Durkan (Kildare North, Fine Gael)
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Question 231: To ask the Minister for Justice, Equality and Law Reform the progress in the matter of residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [9974/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Questions No. 643 of Tuesday 25 April 2006 and No. 323 of Thursday 6 April 2006 and the written Replies to those Questions.

The person concerned arrived in the State on 24 January 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), the person concerned was informed, by letter dated 18 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 leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been received on behalf of the person concerned and will be fully considered before the file is passed to me for decision.