Bernard Durkan (Kildare North, Fine Gael)
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Question 176: To ask the Minister for Justice, Equality and Law Reform if a review will be undertaken in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [39125/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 27 September 1999. 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 27 November 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 his behalf. 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 22 December 2004. Notice of this Order was served by registered letter dated 17 February 2005 requiring the person concerned to present himself to the Garda National Immigration Bureau (GNIB) on a specified date in order to make travel arrangements for his deportation from the State. The person concerned presented on the specified date as required and was given further presentation dates by the Garda National Immigration Bureau (GNIB).

The person concerned, through his legal representative, requested the Minister to review the decision not to allow to him permission to remain temporarily in the State in view of new information which had come to hand. Following consideration of this new information the Deportation Order signed on 22 December 2004 was affirmed. The legal representative of the person concerned was notified of this by letter dated 17 October 2005.

The person concerned, again through his legal representative, subsequently submitted a request under Regulation 4 (2) of the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006) seeking the permission of the Minister to consider an application for Subsidiary Protection in the State in accordance with those Regulations which came into force on 10 October 2006. The request was approved and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

The person concerned remains the subject of a valid Deportation Order. However, the Deputy may be assured that this Order will not be enforced pending the determination of the Subsidiary Protection application.