Bernard Durkan (Kildare North, Fine Gael)
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Question 196: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [17539/10]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my reply to Parliamentary Question 512 on 20 April, 2010. The position remains as stated.

Bernard Durkan (Kildare North, Fine Gael)
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Question 197: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in the case of persons (details supplied) in Dublin 15; and if he will make a statement on the matter. [17540/10]

Dermot Ahern (Louth, Fianna Fail)
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A valid application for a certificate of naturalisation from the first named person referred to in the Deputy's Question was received in the Citizenship Division of my Department in June 2006 and I decided in my absolute discretion to grant a certificate of naturalisation. The person in question was informed of this decision in a letter issued to her on 23 April, 2010. A certificate of naturalisation will issue to the person concerned on receipt of documentation requested to finalise her application.

Officials in the Citizenship Division of my Department inform me that there is no record of an application for a certificate of naturalisation from the second named person referred to in the Deputy's Question. The second named person concerned applied for asylum on 21 June 2002. 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 second named person concerned was informed, by letter dated 14 April 2003, 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 were submitted on behalf of the second named person concerned at that time.

His case 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 and all representations received were considered in arriving at a decision in his case. On 28 June 2004 a Deportation Order was signed in respect of the second named person concerned. Notice of this Order was served by registered post dated 11 January 2005. This communication advised the second named person concerned of the legal requirement that he present himself at the Offices of the Garda National Immigration Bureau (GNIB) on 20 January 2005 in order to make travel arrangements for his deportation from the State. The second named person concerned failed to 'present' on this occasion and, as such, was classified as evading his deportation.

On 14 August 2008, an application for revocation of the Deportation Order, under Section 3 (11) of the Immigration Act 1999 (as amended), was submitted on behalf of the second named person concerned. Following consideration of all information submitted, the Deportation Order was affirmed. Notice of the affirmed Deportation Order was served by registered letter dated 13th April, 2010 requiring the person concerned to present himself at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on Tuesday, 20th April, 2010, in order to make travel arrangements for his removal from the State. 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). He is due to present again on 18th May, 2010.

I am satisfied that the applications made by the person concerned for asylum and for temporary leave to remain in the State, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport him is justified. As the Deputy is aware, Section 3 (11) of the Immigration Act 1999 (as amended) provides the Minister with powers to amend or revoke a Deportation Order. An application seeking to revoke a Deportation Order must set out new facts or circumstances which have arisen and which were not capable of being advanced at the time the decision to deport was made. My Department has no record of any such outstanding application made by, or on behalf of, the person concerned. 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 is, and remains, an operational matter for the GNIB.