I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person concerned was notified of the then Minister's proposal to make a Deportation Order in respect of him by letter dated 30th September, 2005. The person concerned was later notified, by letter dated 6th April, 2011, of his entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned has lodged an application for Subsidiary Protection and has also submitted a number of representations in support of his case to remain in the State. The application for Subsidiary Protection will be considered first. In the event that this application is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3 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. I thank the Deputy for bringing the matter to my attention and am happy to clarify the position as set-out above.