The person in question arrived in the State on 28 March 2002 and claimed asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and on appeal by the Refugee Appeals Tribunal.
In accordance with section 3 of the Immigration Act 1999, as amended, the person was notified on 28 March 2003 that the Minister was proposing to make a deportation order in respect of him and he was given the following options: to make written representations within 15 working days to the Minister for Justice, Equality and law Reform setting out the reasons why he should be allowed to remain in the State, to voluntarily leave the State or to consent to a deportation order. An application for leave to remain in the State was received from his legal representative on 10 April 2003.
Following consideration of his case under section 3 of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement, a deportation order was made in respect of him on 30 July 2004. The person concerned failed to report as requested to the Garda national immigration bureau and was recorded as having evaded deportation on 28 September 2004.
As an evader he is liable to arrest and detention under section 5 of the Immigration Act 1999, as amended, for the purposes of ensuring his removal from the State. The person who is the subject of this question would be best advised to present himself without delay to the Garda national immigration bureau for the purpose of making arrangements for his removal from the State.