Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 130: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [22019/09]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The person concerned applied for asylum on 27 May, 2003. He subsequently withdrew that application and indicated a willingness to return voluntarily to his country of origin. However he did not complete the voluntary return process. The person concerned subsequently consented to deportation and against this background a Deportation Order was signed in respect of him on 6 May, 2004. However, as this Deportation Order was not enforced by the relevant date it ceased to have effect.

The person concerned subsequently sought to be re-admitted to the asylum process and this request was facilitated with the consequence that his new asylum application was lodged on 3 March, 2005. His asylum 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 14 November, 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 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.