Bernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Justice and Equality if he has studied the reports pursuant to sections 13(1) of the Refugee Act 1996, as amended, in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [5046/13]

Alan Shatter (Dublin South, Fine Gael)
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The person concerned arrived in the State on 28 September 2009 and made an application for a declaration of refugee status to the Office of the Refugee Applications Commissioner. On 25 January 2010 the application was refused by that Office. An appeal was lodged against the decision to the Refugee Appeals Tribunal by the Refugee Legal Service on 10 February 2010 on the applicant's behalf. It was recommended by the Refugee Appeals Tribunal on 13 July 2010 that the original decision of the Commissioner be affirmed. This recommendation was fully considered by officials of the Ministerial Decisions Unit of my Department during which all the papers on file were examined, including the Section 13 report of the Office of the Refugee Applications Commissioner. On 25 August 2010 the applicant was informed that his asylum application was refused and that it was now proposed to make a Deportation Order in respect of him.

It should be noted that the refusal of refugee status was not challenged by the applicant by way of Judicial Review proceedings. He was legally represented at the time by the Refugee Legal Service. He was informed of the three options open to him including his right to make a Subsidiary Protection application, pursuant to the European Communities (Eligibility for Protection) Regulations 2006, and representations pursuant to Section 3 of the 1999 Immigration Act. A Subsidiary Protection application and representations pursuant to Section 3 of the 1999 Act were made on behalf of the applicant by the Refugee Legal Service on 9 September 2010. A personal statement on behalf of the applicant was submitted by his solicitors on 13 September 2010.

It was determined on 8 August 2011 that the applicant was not eligible for Subsidiary Protection and he was so informed on that day. The applicant's case was then considered pursuant to Section 5 of the Refugee Act 1996 and Section 3 of the Immigration Act 1999. A Deportation Order was signed in respect of the person concerned on 11 August 2011 and he was informed of this decision on 30 August 2011. Judicial Review proceedings were lodged challenging both the refusal of Subsidiary Protection and the decision to make a Deportation Order. As the matter is now sub judice I do not propose to comment further.

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.