Michael McGrath (Cork South Central, Fianna Fail)
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Question 913: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application by a person (details supplied) in Cork City for leave to remain in the State on humanitarian grounds. [12149/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 13 February 2002 and made an application 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 26 September 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. An application for residence in the State based on marriage to an EU National was received from the person concerned on 9 October 2006. Following the consideration of this application, a decision to refuse the application was made and the person concerned was informed of this decision by registered letter dated 29 May 2007. The case file of the person concerned, including all representations submitted, will be carefully considered, 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, in advance of the file being passed to me for decision.