Joanna Tuffy (Labour)
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I seek an update from the Minister for Justice, Equality and Law Reform on the application by a person, whose details I have supplied, for leave to remain in Ireland on humanitarian grounds, including the person's medical condition. While I do not propose to dwell on the woman in question's medical condition, the Department will have access to the relevant information, including that she suffers from diabetes and has had a heart attack. This woman from the Congo is in her 50s and has substantial links with this country, having been here for two years. She has family members living in Ireland who have been given leave to remain in the State. I strongly urge that the Minister and his Department grant her leave to remain in Ireland as soon as possible. I would like an update on the situation.

John O'Donoghue (Kerry South, Fianna Fail)
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I thank Senator Tuffy for raising the matter. The person referred to in the matter is a woman born in the Democratic Republic of Congo who arrived in the State on 6 January 2003 and claimed asylum. Her claim for refugee status was examined by two independent statutory offices established to consider applications for refugee status and make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. Those two offices are the Office of the Refugee Applications Commissioner, ORAC, which considers applications for the declaration of refugee status in the first instance, and the Refugee Appeals Tribunal, which considers applications for a declaration on appeal.

The woman's application was refused by the Office of the Refugee Applications Commissioner and she was notified of that recommendation by letter on 9 January 2004. Her subsequent appeal was refused by the Office of the Refugee Appeals Tribunal, and she was notified of that recommendation by letter on 21 April 2004. She was notified of the Minister's decision to refuse her refugee status by letter on 31 August 2004, in which she was informed that she had three options open to her at that point, namely, to leave the State before her case was considered for deportation, to consent to the making of a deportation order in her respect, or to make written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out the reasons that she should not be deported, that is, why she should be allowed to remain temporarily in the State.

She lodged an application for leave to remain in the State. Her case file, including all representations submitted, will be considered under section 3(6) of the Immigration Act 1999, as amended, and under section 5 of the Refugee Act 1996, as amended, which deals with prohibition of refoulement. The safety of returning a person, or refoulement, as it is termed, is fully considered in every case when deciding whether to make a deportation order. That is done under section 5 of the Refugee Act 1996. That means that a person should not be expelled from the State or returned in any manner whatsoever to a state where, in the Minister's opinion, the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion.

The Minister must also consider 11 factors under section 3(6) of the Immigration Act 1999, as amended, when considering whether to deport a person. Those factors include considerations relating to the common good, the person's individual family and domestic circumstances, and humanitarian considerations. All representations regarding the individual's medical condition will be taken into account in the Minister's considerations. Various representations have been received by him on behalf of the person concerned, including some from Senator Tuffy.