The person concerned arrived in the State on 16 May, 2005 as an unaccompanied minor and applied for asylum. Following an age assessment interview with the Office of the Refugee Applications Commissioner he was deemed to be an adult for the purposes of examining his asylum application. 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.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 11 April, 2006, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State; leaving the State before an order is made; or consenting to the making of a deportation order. Representations were received on behalf of the person concerned.
On 10 October, 2006, regulations known as the European Communities (Eligibility for Protection) Regulations came into force. My Department notified the person concerned by letter dated 15 May, 2007 that he was eligible to apply for Subsidiary Protection in the State in accordance with these Regulations, included in this letter was the necessary application form with explanatory document, outlining the procedure and guidelines for submitting an application for Subsidiary Protection. The person concerned has not submitted an application for Subsidiary Protection in the State in accordance with these Regulations. However, he did submit up to date representations to be considered under Section 3 of the Immigration Act, 1999, as amended.
The case file of the person concerned, including all representations submitted, will be considered under Section 3(6) of the Immigration Act, 1999, as amended, and Section 5 of the Refugee Act, 1996 (Prohibition of Refoulement). I expect the file to be passed to me for decision in due course.