An application for a certificate of naturalisation from the first named person referred to in the Deputy's Question was received in the Citizenship Division of my Department in July 2008. On examination of the application submitted it was determined that the person in question did not meet that statutory residency requirements as set out in the Irish Nationality and Citizenship Act, 1956, as amended. The person concerned was informed of this in a letter issued to her on 28 October, 2008. It is open to the person concerned to lodge a new application for a certificate of naturalisation with the Citizenship Division of my Department if and when they are in a position to meet the statutory requirements.
Officials in the Citizenship Division of my Department inform me that there is no record of an application for a certificate of naturalisation from the second named person referred to in the Deputy's Question. The second named person applied for asylum on 7 February 2006. 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. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 7 May 2009, 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). By correspondence dated 27th May, 2009, an application for Subsidiary Protection was made on behalf of the person concerned by his legal representative. 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 7th April, 2010.
His case was then examined 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. Consideration was given to representations submitted on his behalf by his legal representative for permission to remain in the State. On 20th April, 2010, I refused permission to remain temporarily in the State and instead 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 18th May, 2010 to make arrangements for his removal from the State.
I am satisfied that the applications made by the person concerned for asylum and for temporary leave to remain in the State, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport him is justified. 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, and remains, an operational matter for the GNIB.