The person concerned applied for asylum on 10 January 2006. Following investigation by the Office of the Refugee Applications Commissioner, it was established that the person concerned had previously made an asylum application in the United Kingdom and, as such, a determination was made that, in accordance with the provisions of the Dublin II Regulations, the person concerned should be transferred to the United Kingdom for the purposes of having his asylum application examined there. This determination was upheld following an appeal to the Refugee Appeals Tribunal. A Transfer Order was signed in respect of the person concerned on 11 May 2006. This Order was served on the person concerned, by letter dated 12 May 2006, which placed a legal obligation on him to present himself at the Offices of the Garda National Immigration Bureau (GNIB) on Tuesday 16 May 2006 to make arrangements for his formal transfer to the United Kingdom. The person concerned failed to ‘present' on this occasion and was therefore classified as having ‘evaded' his transfer. The person concerned became illegally resident in this State at that time.
The person concerned continued to evade his transfer with the consequence that the Transfer Order ultimately expired leaving Ireland responsible for processing the asylum application of the person concerned. At this point the case of the person concerned was referred back to the Office of the Refugee Applications Commissioner for the purposes of having his asylum claims investigated. The Office of the Refugee Applications Commissioner made a recommendation that the person concerned be refused a declaration of refugee status.
In accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 23 January 2008, 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 leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. To date no such representations have been made by, or on behalf of, the person concerned. My Department has no knowledge of the arrest and imprisonment of the person concerned.