Joe Costello (Dublin Central, Labour)
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Question 340: To ask the Minister for Justice and Law Reform when the decision will issue on an application for asylum in respect of a person (details supplied); and if he will make a statement on the matter. [37255/10]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum in this State on 4 January 2005. His asylum claim was investigated by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal, both of whom concluded that the person concerned did not meet the criteria for recognition as a refugee.

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 31 March 2006, 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 received on behalf of the person concerned at that time.

It would appear that the person concerned left the State around that time given that, on 19 April 2006, a formal "take back" request was received in respect of him from the United Kingdom's immigration authorities, in accordance with the provisions of the Dublin II Regulations. This request was made because the person concerned was in the UK without permission at that time. This request was accepted by Ireland and the person concerned was transferred from the UK to Ireland on 8 February 2007.

On 3 July 2007, the person concerned applied, in writing, to return voluntarily to his country of origin. The person concerned was requested by letter dated 9 July 2007 to attend an appointment with the Voluntary Returns Unit of my Department to make the practical arrangements for his voluntary return. However, the person concerned did not make contact with the Voluntary Returns Unit and, as a result, his request to return voluntarily to his country of origin was closed on 7 September 2007.

The person concerned clearly left the State again given that, on 19 March 2009, a further "take back" request was received from the UK immigration authorities in respect of him, again in accordance with the provisions of the Dublin II Regulations. This request was made because the person concerned was again in the UK without permission. This request was accepted by Ireland and the person concerned was transferred from the UK to Ireland on 2 October 2009.

By letter dated 21 January 2010, the person concerned was notified of his entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for Subsidiary Protection and this application will be considered first. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.