I refer the Deputy to Parliamentary Questions No. 222 of Thursday 15 May 2008 and No.193 of Thursday 10 April 2008 and the written Replies to those Questions.
The person concerned applied for asylum on 14 December 2001. As part of the process of having his asylum claims investigated, the person concerned was requested to attend for interview at the Offices of the Refugee Applications Commissioner on two separate occasions but he failed to do so. Neither did he provide any reason for his non-attendance. As a result, the Refugee Applications Commissioner made a recommendation to the Minister that the person concerned should not be declared to be a refugee.
Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 5 June 2002, that the Minister proposed to make a Deportation Order in respect of him and he was made aware of the options open to him at that point in time namely; to leave the State voluntarily, to consent to deportation or to submit, within 15 working days, written representations setting out the reasons as to why he should be allowed to remain temporarily in the State. No such representations were submitted by, or on behalf of, the person concerned at that time. Following consideration of the case file 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 on refoulement, a Deportation Order was signed in respect of the person concerned on 4 July 2003.
The person concerned subsequently submitted a request to be re-admitted to the asylum process, in accordance with the provisions of Section 17(7) of the Refugee Act, 1996 (as amended) and this request was granted. As a result, the Deportation Order in respect of the person concerned was revoked and the consideration of his asylum application commenced anew.
The asylum application of the person concerned was refused following consideration of his case by 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 7 July 2005, 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 deportation or of submitting, within 15 working days, written representations setting out the reasons as to why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and will be fully considered, before the file is passed to me for decision.