Bernard Durkan (Kildare North, Fine Gael)
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Question 179: To ask the Minister for Justice, Equality and Law Reform the progress to date in the matter of an application for residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [45910/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 836 of Tuesday, 8 July 2008 and the written Reply to that Question.

The person concerned applied for asylum on 21 April 2006. Following investigation by the Office of the Refugee Applications Commissioner, it was established that the person concerned had previously made an asylum application in France and, as such, in accordance with the provisions of the Dublin II Regulations, it was determined that his asylum claim should be examined by the French authorities. This determination was upheld following an appeal to the Refugee Appeals Tribunal. Consequently, a Transfer Order was signed in respect of the person concerned, on 1 August 2006, obliging him to present himself at the Offices of the Garda National Immigration Bureau (GNIB), on 22 August 2006, to make arrangements for his transfer to France. The person concerned 'presented' as requested on this occasion and a flight was arranged for his formal transfer on 30 August 2006. However the person concerned 'evaded' his transfer and thus became illegally present in this State. The person concerned continued to evade his transfer to France with the consequence that the Transfer Order expired and Ireland became responsible for processing his asylum application. At this point, in early 2008, the person concerned was admitted into the asylum process in this State. The person concerned was invited to attend for interview at the Offices of the Refugee Applications Commissioner on 21 January 2008 but failed to attend as required. Therefore, in accordance with the provisions of Section 13 (2) of the Refugee Act, 1996 (as amended), the Refugee Applications Commissioner refused him a declaration of refugee status.

Based on the recommendation of the Refugee Applications Commissioner, and in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 11 June 2008, a copy of which was sent to his legal representative, 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 did not respond to my Department's letter dated 11 June 2008.

The case file of the person concerned will now be considered under Section 3 (6) of Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this consideration has been completed, the file is passed to me for decision.