The person concerned was refused refugee status in the State following consideration of his case by the Office of the Refugee Applications Commissioner and on appeal by the Refugee Appeals Tribunal. His case was examined under section 3 of the Immigration Act 1999 and section 5 of the Refugee Act 1996 — prohibition of refoulement — having regard to all representations received on his behalf. On 5 January 2004 a deportation order was made in respect of the applicant.
The person concerned subsequently applied under section 17(7) of the Refugee Act 1996, as amended, to be re-admitted to the asylum process. Normally, such applications are not suspensive of deportation orders but, in the particular circumstances of this case, the deportation order will not be effected pending a decision on the section 17(7) application. I anticipate that the decision will be made shortly.