Bernard Durkan (Kildare North, Fine Gael)
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Question 118: To ask the Minister for Justice and Equality if he will re-examine the case of a person (details supplied) in County Kildare in view of the fact that they have been in the State for nine years; and if he will make a statement on the matter. [8949/11]

Alan Shatter (Dublin South, Fine Gael)
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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 24th May, 2004, 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 in respect of him.

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. Consideration was given to all representations submitted on his behalf. On 21st July, 2005 a Deportation Order was signed in respect of him. This Order was served on the person concerned, by registered post, which placed a legal obligation on him to 'present' at the Offices of the Garda National Immigration Bureau (GNIB),13-14 Burgh Quay, Dublin 2 on Thursday, 4th August, 2005 in order to make travel arrangements for his removal from the State. He 'presented' as required and was given further presentation dates which he kept.

By letter dated 23rd July, 2008, the legal representatives of the person concerned applied for the revocation of his Deportation Order, in accordance with the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). Following consideration of this application, a decision was made to affirm the Deportation Order. Notice of the affirmation of the Deportation Order was served on the person concerned, by registered post, which placed a legal obligation on the person concerned to 'present' at the Offices of the GNIB on Thursday, 6th November, 2008 in order to make travel arrangements for his removal from the State. The person concerned failed to keep that appointment but cited medical reasons for his failure to do so. He is not currently subject to any presentation requirements with the GNIB.

On 14th November, 2008, the legal representative of the person concerned again applied for the revocation of the Deportation Order. This application, under Section 3 (11) of the Immigration Act 1999 (as amended), is currently being considered. Once a decision has been made on this application, this decision and the consequences of the decision will be conveyed in writing to the person concerned. In the mean-time, as a person subject of a Deportation Order, the person concerned is legally obliged to comply with any reporting requirements that may be placed on him by the GNIB.

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.