Joe Costello (Dublin Central, Labour)
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Question 132: To ask the Minister for Justice, Equality and Law Reform if he will reconsider his decision to refuse permission to remain to a person (details supplied) in Dublin 1 on grounds of subsidiary protection. [13887/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 6 August 2003 and applied for asylum on 18 September 2003. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner, and, on appeal, by 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 23 February 2005, 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 17 October 2006, 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 letter dated 15 November 2006 inviting the person concerned to make an application for Subsidiary Protection on foot of the European Communities (Eligibility for Protection) Regulations, 2006 which came into effect on 10 October 2006. By correspondence dated 6 December 2006, an application for Subsidiary Protection was made on behalf of the person concerned by his legal representative. Following consideration of the information submitted, the application was refused. The person concerned and his legal representative were notified of this decision by letter dated 20 May 2008.

Following the refusal of the Subsidiary Protection application and the consideration of further representations concerning the personal safety of the person concerned if returned to his country of origin, the Deportation Order was affirmed. The person concerned was notified of this decision by letter dated 10 May 2007. Notice of the affirmed Deportation Order was served by registered letter dated 18 March 2009 requiring the person concerned to present himself at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on Thursday 26 March 2009 in order to make travel arrangements for his removal from the State. The person concerned presented as required and is due to present again on Tuesday 7 April 2009.