Bernard Allen (Cork North Central, Fine Gael)
Link to this: Individually | In context

Question 206: To ask the Minister for Justice, Equality and Law Reform when a decision will be made on an application for residency by a person (details supplied) in County Louth. [36009/09]

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

The person concerned applied for asylum on 28 October 2003. 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(3)(b)(ii) of the Immigration Act, 1999 (as amended), the person concerned was notified, by letter dated 30 September 2005, that the Minister proposed to make a Deportation Order in respect of him. He was advised of the options open to him at that point in time which were to leave the State voluntarily, to consent to the making of a Deportation Order or to submit, within a period of 15 working days, written representations setting out reasons as to why a Deportation Order should not be made against him. Following the consideration of the case of the person concerned 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, a Deportation Order was signed in respect of him on 15 September 2006. This Order was served by registered post which placed a legal requirement on the person concerned to present himself at the Offices of the Garda National Immigration Bureau (GNIB) on 3 October 2006 in order to make travel arrangements for his deportation from the State.

The legal representative of the person concerned lodged a request for revocation of the Deportation Order pursuant to Section 3(11) of the Immigration Act, 1999, (as amended). Following consideration of this application, a decision was made to refuse the application with the consequence that the original Deportation Order was affirmed. The person concerned was notified of this decision by letter dated 10 June 2008. The person concerned has continued to meet the presentation requirements of the Garda National Immigration Bureau in accordance with Section 8(1)(b) of the Immigration Act 1999 (as amended). The person concerned remains the subject of a valid Deportation Order and, as such, there are no residency issues outstanding in his case. The enforcement of the Deportation Order is an operational matter for the GNIB.