Michael McGrath (Cork South Central, Fianna Fail)
Link to this: Individually | In context

Question 154: To ask the Minister for Justice, Equality and Law Reform the position regarding the legal status in this State of a person (details supplied) in County Cork. [6860/09]

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

The person concerned applied for asylum on 23 July 2003. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. The person concerned initiated, in August 2005, Judicial Review proceedings in the High Court challenging the decision of the Refugee Appeals Tribunal in his case and these proceedings were resolved, in April 2007, in favour of the person concerned with the consequence that he was afforded a further hearing before the Tribunal. This further hearing took place but again the Refugee Appeals Tribunal concluded that the person concerned did not meet the criteria for recognition as a refugee.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 11 February 2009, 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 15 day period referred to in my Department's letter of 11 February 2009 expires on 5 March 2009. It is open to the person concerned to make representations and/or apply for Subsidiary Protection in the State within that period. In any event, the case of the person concerned will not be further processed until the 15 day period referred to has elapsed.