Bernard Durkan (Kildare North, Fine Gael)
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Question 194: To ask the Minister for Justice, Equality and Law Reform when a Garda National Immigration Bureau card will issue to a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [35016/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 847 of Thursday 10 July 2008, and the written reply to that Question.

The person concerned applied for asylum on 20 May 2003. 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 16 May 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. Representations have been submitted on behalf of the person concerned and will be fully considered before the file is passed to me for decision.

The Deputy might wish to note that as the person concerned has not established a right of legal residency in the State, he is not entitled to be issued with a Garda National Immigration Bureau card.