Bernard Durkan (Kildare North, Fine Gael)
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Question 157: To ask the Minister for Justice, Equality and Law Reform the position regarding residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [17335/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 13 July 2003 and applied for asylum on 14 July 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 17 April 2007, 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. He was also notified of his entitlement to apply for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006.

An application for Subsidiary Protection was made on behalf of the person concerned by his legal representative. Following consideration of this application, a decision was made to refuse the application. The person concerned and his legal representative were notified of this decision by letter dated 4 March 2009.

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 5 March 2009, 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 post which obliges the person concerned to leave the State. To this end, the person concerned was required to present himself at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on Thursday 16 April 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 Thursday 21 May 2009.

I am satisfied that the applications made by the person concerned for asylum, for Subsidiary Protection and for temporary leave to remain in the State, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport him is justified.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the GNIB.