Bernard Durkan (Kildare North, Fine Gael)
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Question 89: To ask the Minister for Justice, Equality and Law Reform if he will review the grounds on which the deportation order has issued in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [2941/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 2 June 2005. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner. The person concerned was notified of his entitlement to appeal this determination to the Refugee Appeals Tribunal but chose to not do so.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 13 January 2006, 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 submitting written representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned. The person concerned later submitted an application to be re-admitted to the asylum process in accordance with the provisions of Section 17(7) of the Refugee Act, 1996 (as amended). Following consideration of this application, a decision was made to refuse the application.

On 10 October 2006, regulations known as the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006) came into force. The person concerned was notified of his entitlement to submit an application for Subsidiary Protection in the State in accordance with these Regulations. The person concerned submitted an application for Subsidiary Protection in the State 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 August 2008.

His case was then 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 submitted on his behalf by his legal representative for permission to remain in the State. On 13 January 2009, I refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of him. Notice of this order was served by registered post which obliges the person concerned to leave the State. The person concerned is required to present himself at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on Thursday 5 February 2009 in order to make travel arrangements for his removal from the State.

I am satisfied that the applications made by the person concerned for asylum, for Subsidiary Protection and for temporary leave to remain in the State, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport him is justified. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the GNIB.