Bernard Durkan (Kildare North, Fine Gael)
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Question 859: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [23468/08]

Bernard Durkan (Kildare North, Fine Gael)
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Question 875: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [23680/08]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 859 and 875 together.

The person concerned first arrived in the State on 1 March 2002 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 25 February 2003, 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 at that time.

It would appear that the person concerned, on a date unknown, subsequently left the State and, on 13 March 2008, sought to claim asylum in the United Kingdom at which point, through the medium of a fingerprint comparison, it was apparent that the person concerned had previously claimed asylum in this State. In accordance with the provisions of Article 16(1)(c) of the Dublin II Regulations, the United Kingdom formally requested that Ireland 'take back' the person concerned and this request was accommodated. As a result, the person concerned was returned to this State.

As is the practice in such cases, a person who is returned to this State in accordance with the provisions of the Dublin II Regulations, is returned to the position they previously held in the asylum/immigration process. In the case of the person concerned, his case, as before, falls to be dealt with in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended). As part of this process, given that the personal, domestic and other circumstances of the person concerned may have altered since the last representations were submitted on his behalf in March 2003, a representative of my Department will be writing to the person concerned in the coming days to invite him, within a specified timeframe, to submit updated representations. This communication will be copied to the last known legal representative of the person concerned. The case file of the person concerned will be considered further upon receipt of a response to this communication.