Bernard Durkan (Kildare North, Fine Gael)
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Question 376: To ask the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 147 of 25 June 2009, the various procedures which have been used in the case of a person (details supplied) in County Cork whose case for asylum has been before him for some time; if the full extent of due process has been followed in this case; the length of time the process has taken to date; and if he will make a statement on the matter. [28015/09]

Dermot Ahern (Louth, Fianna Fail)
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The person referred to by the Deputy applied for Asylum on 25 June 2004. The claim was assessed by the Refugee Applications Commissioner who concluded that the person concerned did not meet the criteria for recognition as a refugee. The Commissioner's recommendation was communicated to him by letter dated 27 June 2005. This communication advised the person of his entitlement to appeal the Commissioner's recommendation to the Refugee Appeals Tribunal, which he duly did.

The person concerned initiated Judicial Review Proceedings on two separate occasions against the Refugee Appeals Tribunal. The Refugee Appeals Tribunal considered the person's appeal, following which the Tribunal affirmed the Commissioner's earlier recommendation to reject his claim. The outcome of the appeal was made known to the person concerned by letter dated 29 June 2009.

In accordance with normal procedures, the file of the person concerned has been forwarded to my Department's Ministerial Decisions Unit for final processing of the Asylum claim. A letter will issue to him from my Department advising him formally that his asylum claim has been rejected and affording him three options as follows:

1. Return home voluntarily

2. Consent to the making of a deportation order, or

3. Make written representations to me within 15 working days for temporary leave to remain in the State and/or make an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 (SI No. 518 of 2006).