Bernard Durkan (Kildare North, Fine Gael)
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Question 206: To ask the Minister for Justice, Equality and Law Reform the progress in the application for residency in the case of a person (details supplied) in Dublin 12; and if he will make a statement on the matter. [31809/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 2 June 2000. 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 1 March 2002, 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 behalf of the person concerned.

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 27 April 2005. Notice of this Order was served by registered letter, dated 4 May 2005, placing a legal requirement on the person concerned to 'present' himself at the Offices of the Garda National Immigration Bureau (GNIB) on 12 May 2005 in order to make arrangements for his deportation from the State. The person concerned 'presented', as required, on this occasion but failed to 'present' on a subsequent occasion and was therefore classified as a person who was evading his deportation.

By letter dated 24 June 2008, the legal representative of the person concerned lodged an application for revocation of the Deportation Order, in accordance with the provisions of Section 3 (11) of the Immigration Act, 1999 (as amended). This application is under consideration at present. When a decision has been made on this application, this will be conveyed in writing to the person concerned and his legal representative. In the meantime, the person concerned remains the subject of a Deportation Order and, as such, he must comply with any reporting requirements placed on him by the Garda National Immigration Bureau.