John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 422: To ask the Minister for Justice, Equality and Law Reform the status of an application to remain in the State on humanitarian grounds of a person (details supplied) in County Kilkenny; and if he will expedite a decision in the case. [3951/04]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 2 May 2001 and applied for asylum on the same day. She was interviewed about her claim for refugee status on 8 October 2001 by an officer of the refugee applications commission. Her claim was subsequently refused on 5 March 2002. The person concerned appealed this decision on 27 March 2002, and had her appeal heard by the refugee appeals tribunal on 8 May 2002. On 24 June 2002 her appeal was rejected.

Subsequently, in accordance with section 3 of the Immigration Act, 1999, she was informed by letter dated 15 August 2002 that it was proposed to make a deportation order in this case. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State; leaving the State before an order is made; or consenting to the making of a deportation order. Representations have been made to my Department requesting that the person concerned be allowed to remain in the State. I expect the case file in this matter to be submitted to me for a decision shortly.