I refer the Deputy to my detailed Reply — details of which follow — to his earlier Parliamentary Question, No. 383 of Tuesday, 17th May, 2011. The position is unchanged since then.
Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 16th March, 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 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.
On 2nd August, 2006, a formal "take back" request was received from the United Kingdom in respect of the person concerned in accordance with Article 16(1)(e) of Council Regulation (EC) 343 of 2003. This request was made because the person concerned had made an application for asylum in the United Kingdom. This request was accepted by Ireland and arrangements were made for his return from the United Kingdom to Ireland on 14th August, 2006.
The position in the State of the person concerned will now be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.
It is noted that the address of the person concerned as supplied by the Deputy does not match the address currently on record in my Department for the person concerned. As it is incumbent on an applicant to notify my Department when they change address, the person concerned should inform my Department of his up to date address without further delay.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.