Jack Wall (Kildare South, Labour)
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Question 338: To ask the Minister for Justice, Equality and Law Reform when a person (details supplied) in County Kildare will receive their Garda National Immigration Bureau card; and if he will make a statement on the matter. [36803/09]

Dermot Ahern (Louth, Fianna Fail)
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I wish to inform the Deputy that the person to whom he refers was granted permission to remain in the State in September of 2001 under the arrangements then in place for the non-EEA parents of Irish citizen children. The permission granted was for an initial period of twelve months.

Under the terms of the scheme under which the person concerned was granted permission to remain, such persons are not required to contact my Department unless there is a change in their circumstances. The renewal or extension of an applicant's permission to remain is a matter for the Garda National Immigration Bureau. In this regard, I am informed that the most recent permission to remain granted to the person concerned expired on 17 September, 2009. I should add that the person in question was deported from the United Kingdom to Nigeria on 17 November, 2008, for breaches of UK immigration law.

Enda Kenny (Mayo, Fine Gael)
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Question 339: 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 12; if it is feasible for the person to stay here; and if he will make a statement on the matter. [36828/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 2 June 2000. His 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 1 March 2002, 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 were received on behalf of the person concerned.

Following consideration of his case 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 the person concerned on 27 April 2005. Notice of this order was served by registered post, dated 4 May 2005, placing a legal requirement on the person concerned to 'present' himself to the Garda National Immigration Bureau (GNIB),13-14 Burgh Quay, Dublin 2 on 12 May 2005 in order to make arrangements for his removal from the State. The person concerned presented, as required, on this occasion but failed to present on a subsequent occasion and was therefore classified as a person who was evading his deportation.

By letter dated 24 June 2008, the legal representative of the person concerned lodged an application for revocation of the Deportation Order, in accordance with the provisions of Section 3(11) of the Immigration Act, 1999 (as amended). Following consideration of the information submitted, the Deportation Order was affirmed and the person concerned and his legal representative were advised of this decision by letter dated 14 November 2008. In addition, the person concerned was required to present himself to the GNIB on 20 November 2008 in order to make arrangements for his removal from the State. The person concerned presented, as required, on this occasion but failed to present on a subsequent occasion and was therefore classified as a person who was evading his deportation. Should he come to the notice of the Gardaí, he would be liable to arrest and detention. He should, therefore, present himself to the GNIB without any further delay.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State.

The enforcement of the Deportation Order remains an operational matter for the GNIB.