Finian McGrath (Dublin North Central, Independent)
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Question 312: To ask the Minister for Justice, Equality and Law Reform if he will support the case of a person (details supplied). [42870/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 20 May 1998 as a minor dependant of his adult brother. As a result, any decision taken in relation to the adult brother of the person concerned applied equally to the person concerned.

The brother of the person concerned was granted permission to remain in the State on the basis of his marriage to an Irish national, until 26 May 2000. This permission was subsequently renewed until 26 May 2001. This permission also applied to the person concerned. The person concerned formally withdrew his asylum application on 24 June 1999.

The adult brother of the person concerned and his Irish spouse separated in 2000 and, as a consequence, his application for renewal of his permission to remain in the State was refused. This decision applied equally to the person concerned.

In 2003, the person concerned applied for a certificate of naturalisation but this application was refused as the person concerned was deemed to have insufficient periods of legal/reckonable residence in the State.

The marriage of the adult brother of the person concerned was annulled by Court Order dated 22 June 2004. As a result, a notice of intention to deport letter, as provided for under Section 3 of the Immigration Act, 1999 (as amended), issued to the person concerned on 3 August 2004.

The case of the person concerned 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 following which, on 1 December 2005, the then Minister for Justice, Equality and Law Reform signed a Deportation Order in respect of him. Notice of this Order was served on 7 December 2005. The person concerned was deported the following day.

Further representations dated 6/03/2009 were received from the person concerned asking that his Deportation Order be revoked, 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 27 April 2009.

The effect of the Deportation Order is that the person concerned must remain outside of the State.