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

Question 365: To ask the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [22314/09]

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

I refer the Deputy to Parliamentary Question No. 347 of Tuesday, 18 November, 2008 and the written Reply to that Question. The person concerned arrived in the State on 7 March, 2003 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

The person concerned was informed, by letter dated 22 September, 2004, that the Minister proposed to make a Deportation Order in respect of him and afforded him three options in accordance with Section 3(3)(b)(ii) of the Immigration Act 1999 (as amended) namely to leave the State voluntarily, to consent to the making of a Deportation Order or to submit, within 15 working days, written representations setting out the reasons why he should be allowed to remain temporarily in the State. His case was 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 received on his behalf from his legal representatives for temporary leave to remain in the State. On 10 December, 2004, the then Minister refused temporary leave to remain in the State and signed a Deportation Order in respect of the person concerned. Notice of this Order was served by registered post requiring him to 'present' to the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2, on 20 January, 2005, in order to make travel arrangements for his deportation from the State. The person concerned failed to 'present' as requested and was classified as evading his deportation.