Bernard Allen (Cork North Central, Fine Gael)
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Question 122: To ask the Minister for Justice, Equality and Law Reform if the decision will be made to allow a person (details supplied) in County Cork to remain in the State. [8185/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 7 May 1997 and failed to regularise his position in the State upon arrival. Subsequently, in accordance with Section 3 of the Immigration Act 1999, as amended, the person concerned was informed, by letter dated 6 June 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 i.e. why he should not be deported.

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 4 February 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 requiring the person concerned to present himself at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on Tuesday 10 March 2009 in order to make travel arrangements for his removal from the State.

I am satisfied that the application made 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.