Bernard Allen (Cork North Central, Fine Gael)
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Question 281: To ask the Minister for Justice, Equality and Law Reform if he will revoke the deportation order on a person (details supplied). [16305/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 8 October 2003. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner. The person concerned was notified of his entitlement to appeal this determination to the Refugee Appeals Tribunal but he did not do so.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 8 September 2004, 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.

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 3 December 2004. Notice of this Order was served by registered letter dated 31 January 2005. This communication advised the person concerned of the legal requirement that he present himself at the Offices of the Garda National Immigration Bureau on a specified date in order to make travel arrangements for his deportation from the State.

The person concerned, through his legal representative, subsequently lodged an application for the revocation of his Deportation Order, pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999 (as amended). This application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the meantime, as a person subject of a valid Deportation Order, the person concerned must comply with all reporting requirements placed on him by the Garda National Immigration Bureau.