I propose to take Questions Nos. 459 and 469 together.
The person concerned arrived in the State on 27 October 2003 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Office of the Refugee Appeals Tribunal. The person concerned was informed by letter dated 10 August 2005 that the Minister proposed to make a deportation order in respect of him and afforded him three options in accordance with section 3(3)(b)(ii) of the Immigration Act 1999, as amended, namely, to leave the State voluntarily, to consent to the making of a deportation order or to submit within 15 working days representations to the Minister in writing setting out the reasons he should be allowed to remain temporarily in the State. His case was examined under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement.
Consideration was given to representations received on his behalf from his legal representative for temporary leave to remain in the State. On 14 December 2005, I refused temporary leave to remain and instead signed a deportation order in respect of him. Notice of this order was served by registered post requiring him to present himself to the Garda National Immigration Bureau, GNIB, 13-14 Burgh Quay, Dublin 2, on 2 February 2006, in order to make travel arrangements for his deportation from the State. The person concerned presented as required and was given a further presentation date. He is due to present again on 28 February 2006.
The person concerned is awaiting deportation following a comprehensive examination of his asylum claim and of his application to remain temporarily in the State. All representations made regarding his good character were considered pursuant to section 3(6)(g) of the Immigration Act 1999, as amended. These were deemed not to constitute sufficient grounds for revoking the deportation order and granting leave to remain instead. The decision to deport, therefore, remains unchanged. The enforcement of the deportation order is now an operational matter for the Garda National Immigration Bureau.
