Bernard Durkan (Kildare North, Fine Gael)
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Question 816: To ask the Minister for Justice, Equality and Law Reform the current or expected position in respect of an application for leave to remain in the State in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [29183/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 19 March 1997 and applied for asylum. His application was refused following consideration of his case by the Asylum Division and, on appeal, by the Asylum Appeals Authority. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 13 January 2000, 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 the Supreme Court Judgment in the case of P, L & B -v- Minister for Justice, Equality and Law Reform a further letter was issued to the person in question on 27 September 2001 again informing him of the options open to him under Section 3 of the Immigration Act 1999 (as amended).

Representations have been submitted on behalf of the person concerned. The file is being considered by officials in my Department 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. I expect the file to be passed to me shortly for decision.