The person in question arrived in the State on 1 May 2002 and applied for refugee status on that date. Following an interview on 7 October 2002, the Office of the Refugee Applications Commissioner recommended that he should not be declared a refugee and he was notified of this recommendation on 25 March 2003. He appealed this recommendation to the Refugee Appeals Tribunal and following an oral hearing on 29 July 2003, the original recommendation was affirmed. He was informed of this decision on 31 July 2003.
In accordance with section 3 of the Immigration Act, 1999, as amended, the person concerned was informed on 12 September 2003 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, leaving the State voluntarily before an order was made or consenting to the making of a deportation order. Representations were received on behalf of the person concerned on 9 October 2003.
The person's case file must be considered in accordance with section 3(6) of the Immigration Act, 1999 and section 5 of the Refugee Act 1996, which deals with the prohibition of refoulement. The file will be submitted to me for decision in due course and the person concerned will be informed of the outcome accordingly.