Bernard Durkan (Kildare North, Fine Gael)
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Question 193: To ask the Minister for Justice, Equality and Law Reform the progress to date in the matter of residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [13807/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 161 of Thursday 29 November 2007 and the written Reply to that Question.

The person concerned arrived in the State on 13 December 2001 and applied for asylum. The person concerned was requested to attend for interview at the Offices of the Refugee Applications Commissioner on two separate occasions but he failed to do so. Neither did he provide any reason for his non-attendance. As a result, the Refugee Applications Commissioner made a recommendation to the Minister that the person concerned should not be declared to be a refugee.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 5 June 2002, that the Minister proposed to make a deportation order in respect of him and he was made aware of the options open to him at that point in time namely; to leave the State voluntarily, to consent to deportation or to submit, within 15 working days, written representations setting out the reasons as to why he should be allowed to remain temporarily in the State. No such representations were submitted by or on behalf of the person concerned at that time. 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 1996 (as amended) on the prohibition on refoulement, a deportation order was signed in respect of the person concerned on 4 July 2003.

The person concerned subsequently sought to be re-admitted to the asylum process, in accordance with the provisions of Section 17 (7) of the Refugee Act, 1996 (as amended) and this application was successful. Arising from this decision, the deportation order in respect of the person concerned was revoked.

The asylum application of the person concerned 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), the person concerned 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 leaving the State voluntarily, of consenting to deportation or of submitting, within 15 working days, written representations setting out the reasons as to 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.