Finian McGrath (Dublin North Central, Independent)
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Question 742: To ask the Minister for Justice, Equality and Law Reform if a person (details supplied) in Dublin 8 will be assisted. [29285/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 24 April 2001. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by 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 22 May 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 received on his behalf. Following consideration of his case, 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, a Deportation Order was signed in respect of the person concerned on 12 March 2004. Notice of this Order was served, by registered letter dated 20 April 2004, requiring the person concerned to present himself to the Garda National Immigration Bureau (GNIB) on 29 April 2004 in order to make travel arrangements for his deportation from the State.

The person concerned subsequently lodged a request under Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006) seeking permission to make an application for Subsidiary Protection in the State in accordance with those Regulations. This request was approved following which the person concerned formally applied for Subsidiary Protection in the State. This application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. While the Deportation Order remains in place, the person concerned may be assured that this Order will not be effected pending the determination of the Subsidiary Protection application.