Bernard Durkan (Kildare North, Fine Gael)
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Question 186: To ask the Minister for Justice, Equality and Law Reform if he will re-examine the case of a person (details supplied) in Dublin 3; and if he will make a statement on the matter. [48112/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 16th May, 2000. 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. The person concerned was informed by letter dated 29th July 2002 that the Minister proposed to make a Deportation Order in respect of him. He was given three options in accordance with Section 3(3)(b)(ii) of the Immigration Act, 1999 (as amended), to be exercised within 15 working days. Namely, to leave the State voluntarily, to consent to the making of a Deportation Order or to make representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State i.e. why he should not be deported.

His case was then 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. On 5th August 2003, the then Minister refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of the person concerned. Notice of the Order was served by registered post requiring the person concerned to 'present' to the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2. The person concerned continues to meet the presentation requirements of the Garda National Immigration Bureau (G.N.I.B.) in accordance with Section 8(1)(b) of the Immigration Act 1999, as amended. The matters raised in the more recent correspondence are currently under consideration. The person concerned should continue to meet GNIB's presentation requirements.