Bernard Durkan (Kildare North, Fine Gael)
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Question 80: To ask the Minister for Justice, Equality and Law Reform the position regarding the application for residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [15064/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Questions Nos. 1021 of Wednesday 24 September 2008 and 173 of Thursday 26 June 2008 and the written Replies to those Questions.

The person concerned applied for asylum on 13 August 2002. 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 29 August 2003, 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 have been submitted on behalf of the person concerned and these representations will be fully considered, 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, before the file is passed to me for decision.