Terence Flanagan (Dublin North East, Fine Gael)
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Question 234: To ask the Minister for Justice, Equality and Law Reform if he will respond to correspondence from a person (details supplied); and if he will make a statement on the matter. [8321/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 5 November 1999. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 1 March 2002, 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. Representations were submitted on behalf of the person concerned at that time.

Following consideration of his case, 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, a Deportation Order was signed in respect of the person concerned on 10 March 2003. Notice of this Order was served, by registered letter dated 2 May 2003, requiring the person concerned to present himself to the Garda National Immigration Bureau (GNIB) on a specified date in order to make travel arrangements for his deportation from the State. The person concerned failed to present on this occasion and was therefore classified as having evaded his deportation. The person concerned was subsequently arrested and deported from the State on 5 June 2003.

The person concerned made an application for re-admittance to the asylum process in accordance with the provisions of Section 17(7) of the Refugee Act, 1996 (as amended). This application was refused and the person concerned was notified of this decision by letter dated 4 June 2003.

The person concerned, who is now married to an Irish National and has a child born in the State since 2005, has, through his legal representative, made an application pursuant to Section 3(11) of the Immigration Act, 1999 (as amended) for the revocation of his Deportation Order to allow him to return to the State. This application is currently under consideration. When consideration of this application has been completed, the person concerned, and his legal representative, will be notified in writing of the decision and of the consequences of that decision.

Finian McGrath (Dublin North Central, Independent)
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Question 235: To ask the Minister for Justice, Equality and Law Reform if he will support the case of a person (details supplied). [8330/09]

Dermot Ahern (Louth, Fianna Fail)
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It is assumed that the Deputy is inquiring into the immigration status of the non-Irish national husband of the person referred to in his Question.

The person in question applied for asylum on 5 November 1999. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person in question was informed, by letter dated 1 March 2002, 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. Representations were submitted on behalf of the person in question at that time.

Following consideration of his case, 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, a Deportation Order was signed in respect of the person in question on 10 March 2003. Notice of this Order was served, by registered letter dated 2 May 2003, requiring the person in question to present himself to the Garda National Immigration Bureau (GNIB) on a specified date in order to make travel arrangements for his deportation from the State. The person in question failed to present on this occasion and was therefore classified as having evaded his deportation. The person in question was subsequently arrested and deported from the State on 5 June 2003.

The person in question made an application for re-admittance to the asylum process in accordance with the provisions of Section 17(7) of the Refugee Act, 1996 (as amended). This application was refused and the person in question was notified of this decision by letter dated 4 June 2003.

The person in question, who is now married to an Irish National and has a child born in the State, has, through his legal representative, made an application pursuant to Section 3(11) of the Immigration Act, 1999 (as amended) for the revocation of his Deportation Order to allow him to return to the State. This application is currently under consideration. When consideration of this application has been completed, the person in question, and his legal representative, will be notified in writing of the decision and of the consequences of that decision.