Finian McGrath (Dublin North Central, Independent)
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Question 877: To ask the Minister for Justice, Equality and Law Reform if he will support the case of a person (details supplied). [11799/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 5 November 1999 and claimed 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.

The person concerned was informed by letter dated 1 March 2002 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, that is, 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 representations submitted on his behalf for permission to remain in the State. On 10 March 2003 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 the person concerned to present himself to the Garda National Immigration Bureau on Thursday 15 May 2003 in order to make travel arrangements for his removal from the State. He failed to present as required and was classified as evading his deportation. He subsequently came to the attention of the Gardaí and was removed from the State to Kosovo on 5 June 2003.

On 26 May 2003 a Section 17(7) application was received from his legal representatives seeking re-admittance to the asylum process. The application was refused and the person concerned was notified of the decision by letter dated 4 June 2003. An application under Section 3(11) of the Immigration Act 1999 (as amended), seeking revocation of the Deportation Order was lodged by the person concerned on 14 January 2008. The application was refused and the Deportation Order was affirmed. The person concerned was notified of this decision by letter dated 12 March 2008. The effect of the Deportation Order is that the person concerned must remain out of the State.