Martin Ferris (Kerry North, Sinn Fein)
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Question 327: To ask the Minister for Justice and Law Reform when a person (details supplied) in County Kerry can expect a decision on their application for permission to stay in Ireland; and if he will make a statement on the matter. [40179/10]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 9 August 2004. 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 29th November, 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 received on his behalf at that time.

On 8th March, 2010, a formal "take back" request was received from the Belgian immigration authorities in respect of the person concerned, in accordance with the provisions of the Dublin II Regulations. This request was made because the person concerned had made an application for asylum in Belgium. This request was accepted and arrangements were made for his return from Belgium on 25th May, 2010.

The position in the State of the person concerned will now 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. The case of the person concerned is amongst a sizeable number of such cases which are awaiting a decision at present. However, the Deputy can be assured that this case will be processed to completion as soon as possible.

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.