Bernard Durkan (Kildare North, Fine Gael)
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Question 119: To ask the Minister for Justice, Equality and Law Reform if leave to remain and residency will be given in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [21150/10]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my detailed Reply to his earlier Parliamentary Question, No 115 of Thursday, 22 April 2010, and the written Reply to that Question.

The current position in the State of the person concerned is that an application to revoke his Deportation Order has been submitted on his behalf, pursuant to the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). This application is under consideration at present and the Deputy can be assured that the person concerned will be notified of the outcome of this application as soon as a decision has been reached. In the meantime the person concerned is required to comply with all reporting requirements placed on him by the Garda National Immigration Bureau.

Bernard Durkan (Kildare North, Fine Gael)
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Question 120: To ask the Minister for Justice, Equality and Law Reform if he will indicate when the position regarding an application for leave to remain here will be addressed in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [21151/10]

Dermot Ahern (Louth, Fianna Fail)
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The Deputy will be aware of the history of this case from my replies to previous Parliamentary Questions. The person concerned does not have any pending application for leave to remain. The person concerned is the subject of a Deportation Order following a comprehensive examination of his asylum claim and of his application to remain temporarily in the State. In addition he has been evading his deportation since 10 August 2004 and should therefore present himself to the Garda Authorities without any further delay.

As a matter of policy, I do not intend to reward persons who have failed a very fair and comprehensive asylum process, and who have thereafter proceeded to evade their deportation for several years, by granting such persons residency in the State. Notwithstanding the foregoing, if there has been a change in the circumstances of the person concerned, or new information has come to light which has a direct bearing on his case, there remains the option of applying to me for revocation of his Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999, as amended. However I wish to make clear that such an application would require substantial grounds to be successful.

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 Garda National Immigration Bureau.