Bernard Durkan (Kildare North, Fine Gael)
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Question 831: 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 8; and if he will make a statement on the matter. [29821/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 19 July 2003 and applied for asylum on 21 July 2003. 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 11 November 2004, 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.

His case was examined 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. Consideration was given to representations submitted on his behalf for permission to remain in the State. On 11 March 2005, one of my predecessors refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of him. Notice of this order was served by registered post requiring the person concerned to present himself at the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on 14 April 2005 in order to make travel arrangements for his deportation from the State. The person concerned failed to present himself as required and was classified as evading his deportation.

On 19 April 2005, the person concerned applied for asylum in the U.K. Following a finger prints check it was established that Ireland was the appropriate State to process the application as the person concerned had previously lodged an asylum claim here on 21 July 2003. Following receipt of a request from the U.K. Authorities, Ireland agreed to the return of the person concerned. Arrangements were then made by the U.K. Authorities to return the person concerned to the State on 27 June 2005. On arrival in the State he was detained by the GNIB and lodged in Cloverhill Prison.

By letter dated 19 February 2007, the legal representative of the person concerned lodged:

(i) a request for revocation of the Deportation Order pursuant to Section 3(11) of the Immigration Act, 1999, as amended, and

(ii) an application for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006 — Statutory Instrument No. 518 of 2006.

Following consideration of the revocation request, a decision was taken by the then Minister to affirm the Deportation Order. In respect of the application for Subsidiary Protection, the legal representative of the person concerned was invited to make an application under Regulation 4(2) of the aforesaid Regulations setting out any new facts or circumstances relevant to the person concerned or his country of origin which had arisen since the original decision to deport was made and which related to a possible entitlement to Subsidiary Protection. By letter dated 7 December 2007, the legal representative of the person concerned lodged an application under Regulation 4(2) as described above. Said application was considered and refused. The person concerned and his legal representative were, advised of this decision by letter dated 13 March 2008. He was also required to present himself to the GNIB on 27 March 2008 in order to make arrangements for his removal from the State. He presented as required as was given further presentation dates which he kept. He is due to present again shortly.

The effect of the Deportation Order is that person concerned must leave the State and remain thereafter out of the State.

The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.