Dáil Éireann Debate, Wednesday - 26 May 2004
204 Mr. Gogarty asked the Minister for Justice, Equality and Law Reform when a decision will be made on the appeal being determined under section 3 of Immigration Act 1999 by a person (details supplied); and if he will make a statement on the matter. [15858/04]
View answerThe person in question, who claims to be an Afghani national, arrived in the State on 29 March 2000 and claimed asylum. The Office of the Refugee Applications Commissioner recommended that he should not be declared as a refugee and he was notified of this recommendation on 10 October 2000. The person in question appealed this recommendation to the Refugee Appeals Tribunal. Following an oral hearing, the original recommendation was affirmed and he was informed of this decision on 28 September 2001.
In accordance with section 3 of the Immigration Act 1999, the person concerned was informed on 5 November 2001 that it was proposed to make a deportation order in his case. He was given the options of making representations within 15 working days setting out the reasons as to why he should not be deported, that is, be allowed to remain temporarily in the State; leaving the State voluntarily before the order was made; or consenting to the making of a deportation order.
Representations have been received on behalf of the person concerned. This person's case file will be considered under a range of factors as set out in section 3(6) of the Immigration Act 1999 and section 5 of the Refugee Act 1996, prohibition of refoulement. In this latter respect, refoulement has been an issue in respect of Afghanistan and consideration of the file has been postponed pending developments in this regard. It is noted that the situation in the country has improved and I expect his case file to be submitted to me for consideration shortly.
