Ciarán Lynch (Cork South Central, Labour)
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Question 651: To ask the Minister for Justice and Equality if he will delay the deportation of a person (details supplied) in County Cork while an application for leave to remain on humanitarian grounds is lodged; and if he will make a statement on the matter. [26333/12]

Alan Shatter (Dublin South, Fine Gael)
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The person concerned arrived in the State in June 2005 on a work visa and was permitted to remain in the State until September 2005. After the expiration of his permission, he remained in the State illegally until he applied for asylum on 10 January 2008. Later that month, he was informed that the Refugee Applications Commissioner was recommending that he not be declared a refugee. He appealed this decision but subsequently withdrew his appeal in May 2008.

In August 2008 he was informed that the Minister was refusing his refugee status and was proposing to deport 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 he should be allowed to remain temporarily in the State.

Following consideration of his case under Section 3 of the Immigration Act 1999, as amended, a Deportation Order was made by the Minister on 12 February 2009 in respect of the person concerned. His legal representatives lodged papers applying for a judicial review of this decision in April 2009. However, the Court dismissed his application.

Representations were received in October 2011 on behalf of the person concerned requesting that the Deportation Order be revoked on the basis of the person's medical condition. Following consideration of his case under Articles 3 and 8 of the European Convention on Human Rights (ECHR), it was determined that there were no exceptional circumstances that would be a breach of Article 3 or 8 of the ECHR.

The making of the Deportation Order placed a legal requirement on the person concerned to remove himself from the State. His continuing presence in the State is in breach of the Deportation Order against him. The enforcement of the Deportation Order remains an operational matter for the GNIB.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited