Bernard Durkan (Kildare North, Fine Gael)
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Question 187: To ask the Minister for Justice, Equality and Law Reform the current or expected status in the case of the application for family reunification of a person (details supplied) in County Roscommon; and if he will make a statement on the matter. [33227/08]

Dermot Ahern (Louth, Fianna Fail)
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I am informed by the Immigration Division of my Department that the person in question made an application for Family Reunification in April 2008. This application has been forwarded to the Refugee Applications Commissioner for investigation as required under section 18 of the Refugee Act 1996. When the investigation has been completed, the Commissioner will prepare and forward his report to my Department. Upon receipt of the report the application will be considered and a decision will issue in due course.

Bernard Durkan (Kildare North, Fine Gael)
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Question 188: To ask the Minister for Justice, Equality and Law Reform the current or expected status in the case of the application for residency of a person (details supplied) in County Louth; and if he will make a statement on the matter. [33228/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 1 May 2002 and claimed asylum. 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. The person was informed by letter dated 12 June 2003 that the Minister proposed to make a Deportation Order in respect of him and afforded him three options in accordance with Section 3(3)(b)(ii) of the Immigration Act 1999, as amended — to leave the State voluntarily, to consent to the making of a deportation order or to submit, within 15 working days, written representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State i.e. why he should not be deported.

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 all representations submitted on his behalf for permission to remain temporarily in the State. On 27 July 2004, the then Minister refused the person permission to remain temporarily in the State and instead signed a deportation order in respect of him. A notice of this order dated 12 January 2005 was served by registered post requiring the person to present himself at the Garda National Immigration Bureau on Thursday, 27 January 2005, to make travel arrangements for his deportation from the State. He presented as required and was given further presentation dates which he kept. He is due to present again shortly.

On 26 January 2005, the person instituted judicial review proceedings challenging the decision of the then Minister to deport him. The application was refused in the High Court by supplemental judgment dated 7 October 2005. An application pursuant to section 3(11) of the Immigration Act, 1999, as amended, seeking the revocation of the deportation order of the person was made by his legal representative by letter dated 1 September 2005. Following consideration of the information submitted, the deportation order was affirmed and the person was notified of this decision by letter dated 10 May 2007. Judicial Review proceedings were again instituted on 23 March 2007 by the person. The case was settled on 18 February 2008 and the terms of the settlement were complied with.

The outcome of the settlement was that person was afforded an opportunity to make an application seeking the exercise of ministerial discretion pursuant to regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006 — Statutory Instrument No. 518 of 2006, which came into effect on 10 October 2006. The application was refused citing lack of grounds and this decision was notified to the person by letter dated 13 March 2008. The effect of the deportation order is that the person must leave the State and remain thereafter out of the State. I am satisfied that the applications made on behalf of the person for asylum and temporary leave to remain in the State, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport is justified. The enforcement of the deportation order is an operational matter for the Garda National Immigration Bureau.