The person concerned applied for asylum on 27 September 1999. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 27 November 2002, 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. Representations were received on his behalf. Following consideration of his case, 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, a Deportation Order was signed in respect of the person concerned on 22 December 2004. Notice of this Order was served by registered letter dated 17 February 2005 requiring the person concerned to present himself to the Garda National Immigration Bureau (GNIB) on a specified date in order to make travel arrangements for his deportation from the State. The person concerned presented on the specified date as required and was given further presentation dates by the GNIB.
The person concerned, through his legal representative, requested the Minister to review the decision not to allow to him permission to remain temporarily in the State in view of new information which had come to hand. Following consideration of this new information the Deportation Order was affirmed and the legal representative of the person concerned was notified of this by letter.
The person concerned, again through his legal representative, subsequently submitted a request under Regulation 4 (2) of the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006) seeking the permission of the Minister to consider an application for Subsidiary Protection in the State in accordance with those Regulations which came into force on 10 October 2006. Following consideration of the information submitted, the application was refused. The person concerned and his legal representative were notified of this decision by letter dated 21 November 2008. The person concerned was also required to present himself at the GNIB on Thursday 4 December 2008 in order to make travel arrangements for his removal from the State. He presented as required and is due to present again on 8 January 2009.
The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the GNIB.