The person in question and his family entered the State on 28 December 2001 and applied for asylum. The Office of the Refugee Applications Commissioner recommended that his asylum claim be refused and he was notified of this refusal on 19 June 2002. He subsequently appealed this recommendation to the Refugee Appeals Tribunal. Following an oral hearing, the original recommendation was affirmed and he was notified of this decision on 18 February, 2003. His wife's asylum application has not been completed. An application for residency on the basis of an Irish-born child was received from the person in question on 11 October 2002.
In accordance with Section 3 of the Immigration Act 1999, he was informed on the 24 April 2003 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 as to why he should not be deported, that is, why he should be allowed to remain temporarily in the State; to voluntarily leave the State; or to consent to deportation. Representations have been received on behalf of the applicant setting out reasons as to why he should be granted humanitarian leave to remain, including that he is the father of an Irish born child.
This case will be processed in accordance with the provisions of the Immigration Act 1999, as amended. Because of the backlog of cases it will be several months before a final decision will be reached in this case.