Thursday, 26 February 2004

Questions (169)

Bernard J. Durkan

Question:

169 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the residency status of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [6512/04]

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Written answers (Question to Minister for Justice, Equality and Law Reform)

The person concerned, who is from the Democratic Republic of Congo, entered the State on 9 January 2000 and applied for asylum. His application was refused and he was informed of this on 19 September 2000. He appealed this decision to the Refugee Appeals Tribunal. The decision was affirmed on appeal and he was informed of this on 10 August 2001.

In accordance with section 3 of the Immigration Act 1999, he was informed on 19 September 2001 that it was proposed to make a deportation order in respect of him and was given the following options: to make written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out reasons he should be allowed to remain in the State; voluntarily leave the State; or consent to deportation. An application for leave to remain was received on 10 October 2001. No further representations have been received from the person concerned, or his legal representative, since this date.

The case file in this matter must be examined having regard to the criteria set down in section 3(6) of the Immigration Act 1999 and section 5 of the Refugee Act 1996 — prohibition ofrefoulement. In this latter respect, refoulement has been an issue in respect of the Democratic Republic of Congo and consideration of the file has been postponed pending developments in this regard. It is noted that the situation in that country is improving and other EU member states have begun returning persons there. I expect, therefore, that the case file will be submitted to me for a decision shortly.