Bernard Durkan (Kildare North, Fine Gael)
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Question 244: To ask the Minister for Justice, Equality and Law Reform if he will reconsider the decision to deport in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [19241/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 3 December 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 14 March 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. Following consideration of his case, 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, a deportation order was signed in respect of the person concerned on 3 July 2006. This Deportation Order was formally served on the person concerned by letter dated 11 August 2006. This communication also notified the person concerned of the requirement that he present himself at the Offices of the Garda National Immigration Bureau on 29 August 2006 to make arrangements for his removal from the State.

Subsequently, on 14 August 2006, the legal representative of the person concerned requested that the deportation order made in respect of the person concerned be revoked, in accordance with the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). Following consideration of this request, the deportation order was affirmed on 17 October 2006. The person concerned was notified of this decision by letter dated 14 November 2006 and was also notified of the requirement that he present himself at the Offices of the Garda National Immigration Bureau on 23 November 2006 in order to make arrangements for his removal from the State.

The person concerned subsequently submitted an application for Subsidiary Protection in the State in accordance with Regulation 4 (2) of the European Communities (Eligibility for Protection) Regulations, 2006 — Statutory Instrument No. 518 of 2006 — and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. Pending the determination of the Subsidiary Protection application, the Deportation Order will not be enforced.

Bernard Durkan (Kildare North, Fine Gael)
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Question 245: To ask the Minister for Justice, Equality and Law Reform the current or intended residency status in the case of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [19242/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 23 August 2005 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 28 February 2006, 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 submitted on behalf of the person concerned and will be fully 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, before the file is passed to me for decision.