The person to whom the Deputy refers was initially admitted to the State on 13 September 2002 and subsequently granted permission to remain until 9 September 2003, on the basis of a work permit granted to a particular employer in County Leitrim.
The Garda national immigration bureau became aware in July 2003 that the person concerned was working for a different employer in County Kildare without a valid work permit. As a consequence of this a notice of intention to deport was issued by my Department on 25 July 2003. The Immigration Act 1999 sets out the procedures involved in deporting a person. Where the Minister proposes to deport a person he or she is given the options of making representations within 15 working days setting out the reasons he or she should not be deported, that is, be allowed to remain temporarily in the State, leave the State before the order is made or consent to the making of a deportation order. No representations for leave to remain were received from the applicant. His case will be examined shortly in the context of a consideration under section 3 of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 — prohibition of refoulement. When a decision has been reached it will be communicated to the applicant.