Bernard Durkan (Kildare North, Fine Gael)
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Question 938: To ask the Minister for Justice, Equality and Law Reform if he is satisfied that the case of a person (details supplied) in Dublin 8 has been fully examined; and if he will make a statement on the matter. [30642/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 27 December 2004 and applied for asylum on 21 April 2005. 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 29 December 2005, 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 Action 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 23 July 2007 the legal representatives of the person concerned were invited to submit 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 application the legal representatives of the person concerned were informed by letter dated 14 May 2008 that the application had been considered and refused. On 14 August 2008, I refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of the person concerned. Notice of this order was served by registered post dated 26 August 2008 requiring the person concerned to present himself at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on 16 September 2008 in order to make travel arrangements for his removal from the State. The person concerned presented as required. He is due to present again shortly.

The effect of the Deportation Order is that the 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 GNIB.