Bernard Durkan (Kildare North, Fine Gael)
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Question 211: To ask the Minister for Justice, Equality and Law Reform further to Parliamentary Question Nos. 206 of 6 March 2008 and 210 of 21 February 2008, if it is intended to convey the impression that once the Refugee Applications Commissioner and the Refugee Appeals Tribunal have made their respective decisions and that he has made or intends to make a deportation order, the person is then expected to be deported regardless of strong evidence that a serious threat to life and well-being exists in their homeland and if he will review the evidence in this case; and if he will make a statement on the matter. [13833/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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An application for asylum is considered at first instance by the Office of the Refugee Applications Commissioner and, in the event of an appeal, by the Refugee Appeals Tribunal. The statutory brief of both of those bodies, as set out in the Refugee Act, 1996, as amended, is, inter alia, to make recommendations to the Minister for Justice, Equality and Law Reform, in each individual case, as to whether each applicant should, or should not, be declared to be a refugee. I, as Minister, decide whether to grant or refuse refugee status.

Similarly, following consideration of an application from a person who has been refused refugee status for consideration under Section 3 (6) of the Immigration Act, 1999, as amended, for temporary leave to remain in the State, I as Minister, decide whether to grant or refuse such leave to remain. Further, when temporary leave to remain in the State is refused by me pursuant to my statutory powers as Minister, this results in the signing of a deportation order by me.

The person concerned had his asylum claim examined by both the Refugee Applications Commissioner and the Refugee Appeals Tribunal, both of whom concluded that he did not meet the criteria for recognition as a refugee. His case was examined under Section 3(6) of the Immigration Act, 1999 as amended, and Section 5 of the Refugee Act, 1996 on the Prohibition of Refoulement. Consideration was given to representations received on his behalf from his legal representatives for temporary leave to remain in the State. On 10th December, 2004, my predecessor refused temporary leave to remain in the State and signed a deportation order in respect of him.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State. On 7th September, 2007, the legal representatives of the person concerned were invited to make representations on behalf of their client setting out any new facts or circumstances which had arisen since the original decision to deport was made, which relate to a possible entitlement to Subsidiary Protection under the European Communities (Eligibility for Protection) Regulations, 2006 — Statutory Instrument No. 518 of 2006. Subsidiary Protection is a form of international protection offered to those persons who claim a risk of serious harm in their country of origin. It is available to those persons who are ineligible for or have been refused refugee status. As I previously advised in my reply to Dáil Question No. 200 of 8th November, 2007, no representations were received from the legal representative of the person concerned and on 3 October 2007 my officials wrote to the legal representative to advise that the time to make representations had passed.

The person concerned is currently evading his deportation and should present himself to the Garda National Immigration Bureau without further delay. The enforcement of the Deportation Order remains an operational matter for the Garda National Immigration Bureau.