Dáil Éireann Debate, Tuesday - 18 November 2008
347 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the residency status in the case of a person (detail supplied) in Dublin 8; and if he will make a statement on the matter. [41645/08]
Amharc ar fhreagraThe person concerned arrived in the State on 7 March, 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 Refugee Appeals Tribunal. The person concerned was informed by letter dated 22 September, 2004, 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.
His case was examined under Section 3(6) of the Immigration Act, 1999 as amended, and Section 5 of the Refugee Act, 1996 on the Prohibition of Refoulement. Consideration was given to representations received on his behalf from his legal representatives for temporary leave to remain in the State. On 10 December 2004, the then Minister refused temporary leave to remain in the State and signed a deportation order in respect of him. Notice of this order was served by registered post requiring him to present to the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2, on 20 January 2005, in order to make travel arrangements for his deportation from the State. The person concerned failed to present as requested and was classified as evading his deportation.
On 28 August 2007, the legal representative of the person concerned lodged an application for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006 — Statutory Instrument No. 518 of 2006. The legal representative of the person concerned was invited to make an application under Regulation 4(2) of the aforesaid Regulations setting out any new facts or circumstances relevant to the person concerned or his country of origin which has arisen since the original decision to deport was made and which related to a possible entitlement to Subsidiary Protection. The said application is currently under consideration within my Department.
The enforcement of the Deportation remains an operational matter for the Garda National Immigration Bureau.
