Bernard Durkan (Kildare North, Fine Gael)
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Question 231: To ask the Minister for Justice, Equality and Law Reform the current or expected residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [19204/10]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 7 November 2003. In accordance with Section 9 of the Refugee Act 1996 (as amended), he was entitled to remain in the State until his application for asylum was decided. 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 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 17 May 2005, 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 person concerned at that time and subsequently.

Following the consideration of his case under Section 3 of the Immigration Act 1999 (as amended), a decision was made to grant the person concerned permission to remain in the State, subject to certain stated conditions, for a six month period, to 5 January 2010 with this decision conveyed to the person concerned by letter dated 3 July 2009. The conditions included elements that the person concerned would obey the laws of the State and would not become involved in criminal activity.

Subsequently, it came to light that the person concerned had come to the attention of An Garda Síochána. Consequently, he was notified, by letter dated 4 January 2010, that the Minister proposed to revoke his permission to remain in the State. This communication advised the person concerned of his entitlement to submit a written response to this proposal with any such response to be considered before a final decision was taken. The person concerned, through his legal representative, has submitted a response to this proposal and a decision will be made in the near future as to whether the permission to remain granted to the person concerned will be revoked or renewed. Once a decision has been taken, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.