The person concerned applied for asylum on 13 May 1997. The person concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the then Asylum Division of the Department of Justice, Equality and Law Reform and, on appeal, by the then Asylum Appeals Unit of the Department. The person concerned was notified of this latter decision by letter dated 28 July 1999.
Arising from the refusal of his asylum application, the person concerned was given the options of making a written application to the Minister in support of his case to be allowed to remain in the State or of making arrangements to leave the State within fourteen days of the date of that letter. An application to be allowed to remain in the State was submitted on behalf of the person concerned at that time.
Also arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was further notified, by letter dated 21 March 2001, 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 a Deportation Order should not be made against him. No further representations were received from, or on behalf of, the person concerned at that time.
On 10 October 2006, Regulations known as the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006) came into force. The person concerned was notified, by letter dated 1 June 2007, that he could, if he so wished, submit an application for Subsidiary Protection in the State. He was also invited to update his earlier representations to the Minister. He was requested to respond within 15 working days. Updated representations were received on behalf of the person concerned as was an application for Subsidiary Protection in the State. Following consideration of this application, it was determined that the person concerned was not eligible for Subsidiary Protection in the State. The person concerned was notified of this decision by letter dated 10 June 2008.
The position in the State of the person concerned will now be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.