Bernard Durkan (Kildare North, Fine Gael)
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Question 210: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency status in the case of persons (details supplied) in County Louth; and if he will make a statement on the matter. [26518/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 230 of Thursday, 24 April 2008 and the written Reply to that Question.

The person concerned arrived in the State on 2 April 2004 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 17 January 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.

The person concerned also made an application for residency in the State on the basis of being the spouse of an EU National. However, following consideration of this application, under the provisions of the European Communities (Free Movement of Persons) Regulations 2006, a decision was made to refuse the application. The person concerned was notified of this decision by letter dated 21 August 2006.

The case file of the person concerned now falls to be dealt with in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended). All representations submitted by and on behalf of the person concerned 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.

The documentation submitted to my Department by the wife of the person concerned was returned to the legal representative of the person concerned, accompanied by a letter dated 7 January 2008.