Bernard Durkan (Kildare North, Fine Gael)
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Question 286: To ask the Minister for Justice, Equality and Law Reform the position in respect of an appeal in the case of a person (details supplied) in County Meath; if his attention has been drawn to the political situation in the homeland of the person and the threat to their well-being in the event of deportation; if full regard has been had for the appellants entitlements under international law in such situations; and if he will make a statement on the matter. [16313/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 196 of Tuesday, 14 October 2008, and the written Reply to that Question.

The person concerned applied for asylum on 15 March 2005. 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 17 October 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. Representations were submitted on behalf of the person concerned at that time.

By letter dated 20 February 2008, the person concerned was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and 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 event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be 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. The refoulement consideration will include a detailed assessment of the prevailing political and human rights situations in the country of origin of the person concerned. When this overall consideration has been completed, the case file of the person concerned is passed to me for decision.