Bernard Durkan (Kildare North, Fine Gael)
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Question 95: To ask the Minister for Justice, Equality and Law Reform if he will allow family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [44574/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 21 August, 2001 and claimed asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

The person concerned was informed by letter dated 28 March, 2003 that the Minister proposed to make a Deportation Order in respect of him and afforded him three options in accordance with Section 3(3)(b)(ii) of the Immigration Act, 1999, as amended, namely to leave the State voluntarily, to consent to the making of a Deportation Order or to submit, within 15 working days, written representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State i.e. why he should not be deported.

His case was examined 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. Consideration was given to representations received on his behalf from the Refugee Legal Service, for permission to remain temporarily in the State. On 25 January, 2005, the then Minister refused temporary leave to remain in the State and instead signed a Deportation Order in respect of the person concerned. A notice of this order dated 22 February 2005 was served by registered post requiring the person concerned to present himself to the Garda National Immigration Bureau on Thursday, 3 March 2005. He failed to present and was classified as evading his deportation on 27 May 2005. On 31 March 2006, he came to the notice of the Gardaí and was arrested. He was detained in Cloverhill Prison pending the enforcement of his Deportation Order. He was subsequently removed from the State on 4 April 2006. The effect of the Deportation Order following enforcement is that the person concerned must remain thereafter out of the State.

Family Reunification is granted to family members of recognised refugees under Section 18 of the Refugee Act 1996, as amended, where the Minister is satisfied that the subject of the application is a member of the family of the refugee. The successful subject of a Family Reunification Application is granted permission to enter and reside in the State and the person is granted the rights in line with the refugee. I can confirm that there is no application for Family Reunification in my Department in respect of the person concerned.