Bernard Durkan (Kildare North, Fine Gael)
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Question 135: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for residency in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [36751/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Questions Nos. 1019 of Wednesday, 24 September 2008 and 203 of Thursday, 28 February 2008 and the written Replies to those Questions.

The person concerned arrived in the State on 29 April 2003 and applied for asylum on 12 June 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 8 September 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 submitting written 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, 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, before the file is passed to me for decision.