I refer the Deputy to Parliamentary Question No. 210 of Thursday, 3 July 2008 and Question No. 230 of Thursday, 24 April 2008 and the written Replies to those Questions. The person concerned applied for asylum on 5 April 2004. 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 17 January 2006, 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 have been submitted on behalf of the person concerned.
The person concerned also made an application for residency in the State on the basis of his being the spouse of an EU National. However, following consideration of this application, under the provisions of the European Communities (Free Movement of Persons) Regulations, 2006, a decision was made to refuse the application. The person concerned was notified of this decision by letter dated 21 August 2006. However, in light of the European Court of Justice ruling in the case of Metock and Others, this application is being reviewed. When this review has been completed, the person concerned will be notified in writing of the outcome. The Deputy might wish to note that any consideration of the case of the person concerned in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended) will be deferred until the review referred to has been completed.