I refer the Deputy to my Reply to his Parliamentary Question No. 67 of Thursday, 16 October 2008, in this matter.
The person concerned applied for asylum on 20 September 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 Germany and, as such, a determination was made, in accordance with the provisions of the Dublin II Regulations, that the person concerned should be transferred to Germany for the purposes of having his asylum application examined there. This determination was upheld following an appeal to the Refugee Appeals Tribunal. Consequently, a Transfer Order was signed in respect of the person concerned on 22 November 2006. This Order was subsequently served on the person concerned, by letter dated 23 November 2006, which placed a legal obligation on him to present himself at the Offices of the Garda National Immigration Bureau (GNIB), on Wednesday 29 November 2006, to make arrangements for his formal transfer to Germany. 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. Subsequently, the Office of the Refugee Applications Commissioner made a recommendation that the person concerned be refused a declaration of refugee status. This recommendation was, on appeal, upheld by the Refugee Appeal Tribunal.
In accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 26 September 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. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.
In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will be passed to me for decision.