The person arrived in the State on the 23 April 2001 as an unaccompanied minor and claimed asylum on the 2 May 2001. Following interview and examination of his case the Office of the Refugee Applications Commissioner advised the applicant, by letter dated 2 October 2002, that it was recommending that he not be declared a refugee. The person submitted an appeal against this decision to the Refugee Appeals Tribunal.
On 30 April 2003 the Refugee Appeals Tribunal decided to affirm the decision of the Office of the Refugee Applications Commissioner and by letter dated 30 May 2003 the person's application was formally refused by the ministerial decisions unit. That letter set out the options open to him at that point: to leave the State before the decision had been made whether or not to make a deportation order in respect of him; to consent to the making of a deportation order in respect of him; or to make written representations setting out reasons as to why he should be allowed to remain temporarily in the State.