Bernard Durkan (Kildare North, Fine Gael)
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Question 393: To ask the Minister for Justice, Equality and Law Reform if temporary residency status can be awarded while awaiting decision in the case of a person (details supplied) in Dublin 1 who has lived here for five years; and if he will make a statement on the matter. [22301/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Questions No. 224 of Thursday 6 March 2008, No. 185 of Thursday 8 November 2007, No. 99 of Thursday 26 April 2007, No. 200 of Wednesday 22 November 2006, No. 93 of Thursday 9 November 2006, No. 440 of Wednesday 27 September 2006 and No. 240 of Thursday 25 May 2006 and the Replies to those Questions.

The person concerned arrived in the State on 24 February 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, 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 13 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 were submitted on behalf of the person concerned.

Following consideration of his case under Section 3 of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, as an exceptional measure and subject to certain stated conditions, the person concerned was granted temporary leave to remain in the State for a three year period until 13 May 2011. The person concerned was notified of this decision by letter dated 14 May 2008.