Bernard Durkan (Kildare North, Fine Gael)
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Question 93: To ask the Minister for Justice, Equality and Law Reform the current or expected position on the application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [15077/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 328 of Tuesday 25 November 2008 and the written Reply to that Question.

The person concerned applied for asylum on 20 January 2004. As part of the process of having his asylum claims investigated, the person concerned was invited to attend for interview at the Office of the Refugee Applications Commissioner on 15 September 2004. The person concerned did not attend for interview on this date, nor did he furnish an explanation for his failure to attend. Consequently, he was informed, by letter dated 21 September 2004, that the Refugee Applications Commissioner had recommended to the Minister for Justice, Equality and Law Reform that he should not be declared to be a refugee, in accordance with the provisions of Section 13 (2) of the Refugee Act, 1996 (as amended). The person concerned was also informed that there was no appeal against such a recommendation.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 7 October 2004, sent by registered post to his last known address, 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. This letter was returned to my Department marked 'gone away'.

The case of the person concerned now falls to be dealt with in accordance with the provisions of 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. When this consideration has been completed, the case file of the person concerned is passed to me for decision.