Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 186: To ask the Minister for Justice, Equality and Law Reform the current or expected position in relation to an application for residency in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [39135/08]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The person concerned applied for asylum on 16 October 2000. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner. He did not appeal this decision.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 30 October 2001, 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 21 May 2002. Notice of this Order was served by registered letter dated 25 October 2002 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 failed to present on the specified date as required and was subsequently classified as evading Deportation.

The person concerned, through his legal representative, submitted a request dated 4 March 2008, 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.