Written answers

Tuesday, 1 July 2008

Department of Justice, Equality and Law Reform

Asylum Applications

10:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 548: 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 County Donegal; and if he will make a statement on the matter. [25960/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 169 of Thursday, 19 June 2008 and the written Reply to that Question.

The person concerned arrived in the State on 3 June 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 18 June 2007, 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. In addition, he was notified of his entitlement to apply, by a specified date, for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned did not submit any such application.

The case file of the person concerned will now be 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. When this latter consideration has been completed, the case file of the person concerned is passed to me for decision.

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