The person concerned arrived in the State on 28 September 2004 as an unaccompanied minor. He applied for asylum on 13 January 2005. 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.
The person concerned was informed by letter dated 14 November 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 why he should be allowed to remain temporarily in the State i.e. why he should not be deported.
On 10 October, 2006, regulations known as the European Communities (Eligibility for Protection) Regulations, 2006, S.I. No. 518 of 2006, came into force. The person in question was notified by letter dated 23 May, 2007 of the new regulations and invited to apply for Subsidiary Protection and to update his representations to remain temporarily in the State . By letter dated 14 June 2007, the legal representatives of the person concerned lodged an application for Subsidiary Protection in the State on his behalf and in accordance with the Regulations.
By letter dated 17 April 2008, the person concerned was advised that following consideration of his application, it was determined that he was not eligible for Subsidiary Protection. The letter went on to advise him that he would be considered under Section 3(6) of the Immigration Act, 1999, as amended, to see whether a Deportation Order should be made in respect of him. New legal representatives were engaged by the person concerned and updated representations under the said Act were lodged under cover letter dated 22 August 2008.
His case was examined under Section 3 (6) of the Immigration Act, 1999, as amended, and Section 5 of the Refugee Act, 1996, as amended, on the Prohibition of Refoulement. Consideration was given to representations received on his behalf for permission to remain in the State. On 18 September 2008, I refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of him. Notice of this order was served by registered post requiring the person concerned to present himself to the Garda National Immigration Bureau (GNIB), 13/14 Burgh Quay, Dublin 2, on Tuesday 14 October 2008, in order to make travel arrangements for his removal from the State. He presented as required and was given a further presentation date. He is due to present again on Thursday 6 November 2008.
By letter dated 14 October 2008, the legal representatives of the person concerned applied to have his Deportation Order revoked. This application is currently under consideration in my Department and I expect to decide on the matter in due course.