Bernard Durkan (Kildare North, Fine Gael)
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Question 716: To ask the Minister for Justice, Equality and Law Reform the position of an appeal in the case of a person (details supplied) in County Meath who has been refused refugee status; if his attention has been drawn to the fact of the political situation in their country of origin; if his further attention has been drawn to the threat to their well-being in the event of deportation; if full regard has been had for same entitlements under international law in such situations; and if he will make a statement on the matter. [31132/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to his previous Parliamentary Question, No. 286 of Tuesday, 28 April 2009, in this matter. The person concerned applied for asylum on 15 March 2005. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. 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.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, 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 a Deportation Order should not be made against him. Representations have been received on behalf of the person concerned.

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 Deputy might wish to note that the refoulement consideration will include a detailed assessment of the prevailing political and human rights conditions 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. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.