Bernard Durkan (Kildare North, Fine Gael)
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Question 274: To ask the Minister for Justice, Equality and Law Reform if leave to remain here on a subsidiary protection application will be granted to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [43456/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 22 August 2007. 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 22 August 2008, 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. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and, following consideration of this application, it was determined that the person concerned was not eligible for Subsidiary Protection in the State. The person concerned was notified of this decision by letter dated 21 October 2008.

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 30 October 2008. Notice of this Order was served by registered letter dated 6 November 2008 requiring the person concerned to present himself to the Garda National Immigration Bureau (GNIB) on 27 November 2008 in order to make travel arrangements for his deportation from the State.

The person concerned has submitted further representations requesting that the Deportation Order be revoked. These representations are under consideration at present and the person concerned will be notified of the outcome when this consideration has been completed. The Deputy might wish to note that the submission of further representations is non-suspensive of the deportation process and, as such, the person concerned should continue to meet the reporting requirements placed on him by the GNIB.