Bernard Durkan (Kildare North, Fine Gael)
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Question 176: To ask the Minister for Justice and Equality further to Parliamentary Question No 202 of the 20 of October 2011, the way it can be suggested that the person concerned arrived in the State on 24 January 2008 when in fact they arrived in the State on 1 August 2002; if as seems to be case this applicant is confused with some other person, if he will re-examine this file; and if he will make a statement on the matter. [35412/11]

Alan Shatter (Dublin South, Fine Gael)
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In relation to Parliamentary Question Number 202 of 20/10/2011, referred to by the Deputy, there was an error in that reply in relation to the date that the person arrived in the State. The individual concerned entered the State on 02/08/2002 and claimed asylum. His application for asylum was refused by the Refugee Applications Commissioner and this decision was upheld on appeal to the Refugee Appeals Tribunal.

His case was then considered in accordance with Section 3 of the Immigration Act 1999, as amended, and under Section 5 of the Refugee Act 1996, as amended. A Deportation Order was made against the individual concerned on 28/06/04. Since that date, the individual concerned has remained in the State in breach of his Deportation Order. In the interim, he has applied for a right to apply for Subsidiary Protection, which was refused on 23/02/2009 and has also applied to have the Deportation Order against him revoked, which was refused on 28/10/2009.

The current position is as set out in the replies to Parliamentary Questions number 215 of 07/07/2011 and number 680 of 14/09/2011. The position is unchanged since the latter reply, set out below.

I refer the Deputy to my reply below to Parliamentary Question No. 215 of 7th July, 2011. The position is unchanged since then.

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy is the subject of a Deportation Order, following a comprehensive and thorough examination of his asylum claim and of his application to remain temporarily in the State. He has been evading his deportation since 3 November 2009 and should he come to the notice of the Garda authorities, he would be liable to arrest and detention. He should, therefore, present himself to the Garda National Immigration Bureau without any further delay.

As a general matter of policy, it would be logistically inconsistent 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.

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.