The person concerned applied for asylum in the State on 28 August 2001. 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 18 June 2003, 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 submitted on behalf of the person concerned at that time. 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 6 May 2005. Notice of this Order was served by registered letter dated 20 May 2005 requiring the person concerned to present himself to the Garda National Immigration Bureau (GNIB) on 7 June 2005 in order to make travel arrangements for his deportation from the State.
The person concerned initiated Judicial Review Proceedings challenging the Deportation Order. These Proceedings were determined on 28 February 2006 with the outcome being that the Judicial Review Leave Application was refused by the High Court. On 26 January 2007, the person concerned submitted an application for Subsidiary Protection in the State in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations, 2006 (Statutory Instrument No. 518 of 2006). This application was not considered because the person concerned, as a person subject to a Deportation Order, did not have an automatic entitlement to make an application for Subsidiary Protection in the State. This decision was challenged in the High Court by the person concerned, on 22 March 2007, through the medium of Judicial Review Proceedings.
On 5 November 2007 the legal representative of the person concerned was notified by Officials in my Department of the recent High Court judgments which held that the Minister had a discretion under Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006 (Statutory Instrument No. 518 of 2006) to accept and consider an application for Subsidiary Protection from persons who did not have an automatic right to apply and, in light of this, the legal representative of the person concerned was invited, on their client's behalf, to make an application under Regulation 4(2) of the aforementioned Regulations.
An application under Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006 (Statutory Instrument No. 518 of 2006) was subsequently received on behalf of the person concerned. Following consideration of this application, the person concerned was notified, in writing, that the Minister had decided not to exercise his discretion to accept and consider the Subsidiary Protection application. He was further notified that, in light of this decision, the Garda National Immigration Bureau had been requested to proceed with the enforcement of the Deportation Order.
On 27 August 2008 an application to revoke the Deportation Order, in accordance with the provisions of Section 3 (11) of the Immigration Act, 1999 (as amended), was received in my Department on behalf of the person concerned. This application is under consideration in my Department at present. When a decision has been made on this application, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned. The Deputy might wish to note that there is no record in my Department of an application for Family Reunification having been received in respect of the person concerned.