Dáil Éireann Debate, Tuesday - 24 February 2004
439 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform the consideration which has been given to the humanitarian grounds claimed by a person (details supplied) who has a neurological health problem; and if he will make a statement on the matter. [5675/04]
Amharc ar fhreagraThe person concerned entered the State on 22 April 1999 and applied for asylum on 23 April 1999. The Refugee Applications Commissioner recommended that his claim be refused and he was informed of this recommendation on 29 February 2000. He appealed this recommendation on 7 March 2000. The Refugee Appeals Tribunal affirmed the recommendation and he was informed of this decision on 12 July 2002.
In accordance with section 3 of the Immigration Act 1999, he was informed on 29 August 2002 that it was proposed to make a deportation order in respect of him and was given the following options: to make written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out reasons he should be allowed to remain in the State, to voluntarily leave the State or to consent to deportation. An application for leave to remain was submitted on 17 September 2002 which included a letter dated 10 September 2002 stating that the person concerned was awaiting an appointment with a consultant neurosurgeon. Further correspondence was received from the legal representatives of the person concerned on 14 August 2003. The only medical report on file is a note dated 13 December 2001 indicating that the person has a long standing medical condition.
The case file in this matter will be submitted to me shortly for decision in accordance with section 3 of the Immigration Act 1999, as amended. Regard shall be had to the criteria set out in section 3(6) of that Act, taking into account the information which the person concerned has chosen to provide and to section 5 of the Refugee Act 1996 prohibiting refoulement.
