By way of background, the Deputy might wish to note that the person concerned is a failed asylum applicant. 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 7th April, 2004, that the then 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 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 a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.
The Deputy will appreciate that the purpose of requiring production of a national passport is to establish a person's identity and nationality so that international travel and residence can be facilitated. Permission to reside takes the physical form of some type of passport endorsement such as, in the Irish case, a residence stamp. Given the importance of ensuring that an immigration permission be availed of only by the person for whom it is intended, it has become a fundamental requirement in immigration regimes around the world that foreign national visitors or residents must be in possession of a valid passport so that the appropriate immigration permission may be placed within it.
In the context of the person concerned, his identity and nationality has not been definitively established. As a result, it is in his interests to provide my Department with documentation which attests to his identity and nationality so that a final decision can be made in his case.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail 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.