Dáil Éireann Debate, Thursday - 10 July 2008
827 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will review the proposals to deport in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [29223/08]
View answerThe person concerned arrived in the State on 4 September 2002 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 6 July 2004, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations were submitted on behalf of the person concerned at that time.
Following the examination of the case of the person concerned under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, a Deportation Order was signed in respect of him. This Order was served on the person concerned by registered letter dated 20 January 2005. This communication advised the person concerned of the legal requirement that he present himself at the Offices of the Garda National Immigration Bureau on 3 February 2005 in order to make arrangements for his removal from the State.
Subsequently further representations were submitted on behalf of the person concerned. Following the examination of these representations, the Deportation Order was affirmed on two separate occasions, most recently on 18 July 2007. The person concerned was advised of the decision to affirm his Deportation Order by registered letter dated 31 July 2007. This communication also advised the person concerned of the legal requirement that he again present himself at the Offices of the Garda National Immigration Bureau (GNIB) on a specified date and time. The person concerned has ‘presented' as requested on this and subsequent occasions.
By letter dated 3 September 2007, the legal representative of the person concerned submitted a request that his client be permitted to submit an application for Subsidiary Protection in the State in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). Following consideration of this request, the request was acceded to and this position was made known to the person concerned and his legal representative by letters dated 21 September 2007. The person concerned subsequently submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.
The person concerned remains the subject of a Deportation Order. However, the GNIB have been requested to desist from the enforcement of this Order pending the determination of the Subsidiary Protection application.
