The person concerned applied for asylum on 30 March 2004. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
The person concerned was informed, by letter dated 16 November 2004, that the Minister proposed to make a Deportation Order in respect of him. He was given three options in accordance with Section 3(3)(b)(ii) of the Immigration Act, 1999 (as amended), to be exercised within 15 working days, namely, to leave the State voluntarily, to consent to the making of a Deportation Order or to make representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State i.e. why he should not be deported.
His case was then examined 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. Consideration was given to representations submitted on his behalf by his legal representative for permission to remain in the State. On 11 May, 2005 my predecessor refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of him. Notice of this order was served by registered post requiring the person to present himself at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on 16 June, 2005 in order to make travel arrangements for his removal from the State.
The person concerned lodged a request for revocation of the Deportation Order pursuant to Section 3(11) of the Immigration Act, 1999, (as amended). This application was refused and the Deportation Order was affirmed. The person concerned was notified of this decision by letter dated 19 November 2008.
The person concerned lodged a further request for revocation of the Deportation Order pursuant to Section 3(11) of the Immigration Act, 1999, (as amended). This application was refused and the Deportation Order was affirmed. The person concerned was notified of this decision by letter dated 2 October 2009.
The person concerned continues to meet the presentation requirements of the Garda National Immigration Bureau (G.N.I.B.) in accordance with Section 8(1)(b) of the Immigration Act 1999 (as amended). He is due to present again on 10 November 2009.
I am satisfied that the applications made by the person concerned for asylum and for temporary leave to remain in the State, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport him is justified.
The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State.
The enforcement of the Deportation Order is an operational matter for the GNIB.