The person concerned, then a minor, arrived in the State in the company of his mother on 23 October 1997. His mother subsequently made an application for asylum which was refused. The mother of the person concerned was subsequently granted permission to remain in the State on the basis of being a parent of an Irish citizen child, born before 1 January 2005, in accordance with the revised arrangements announced on 15 January 2005, commonly referred to as the IBC/05 scheme. The person concerned was not included in his mother's permission to remain in the State at that time as he was an adult by then.
In early 2008 the person concerned sought permission to remain in the State on the basis of being a family dependant of the parent of an Irish born child who had been granted permission to remain in the State under the IBC/05 Scheme. By letter dated 18 March 2009 the person concerned was informed that he had failed to demonstrate current residency as a family dependant in the State and consequently his application to remain in the State on that basis was refused. Subsequently, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 15 February 2010, 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 a Deportation Order should not be made against him.
The person concerned had his case 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 their behalf by their legal representative for permission to remain in the State. On 3 June 2010, I refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of him. 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 Orders is an operational matter for the GNIB.