Bernard Durkan (Kildare North, Fine Gael)
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Question 661: To ask the Minister for Justice, Equality and Law Reform the position in respect of application for citizenship in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [9999/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned and her son, both of whom are Nigerian nationals, arrived in the State on 15 June 1998 and applied for asylum. Their claim for refugee status was considered under the process then applicable and was refused by the asylum division of my Department. They were notified of the decision on 10 December 1999. The applicants then appealed this decision to the appropriate body at the time, the appeals authority, which affirmed the decision of the asylum division. They were notified of this decision on 10 November 2000.

In accordance with section 3 of the Immigration Act 1999, the persons concerned were informed on 14 November 2001 that the Minister proposed to make deportation orders in respect of them. They were, in accordance with the Act, given the options of making representations within 15 working days setting out the reasons they should not be deported, that is, be allowed to remain temporarily in the State, leaving the State before the deportation orders were made, or consenting to the making of deportation orders. Representations setting out reasons they should not be deported were subsequently received.

I expect the case file in this matter to be submitted to me shortly for decision. This decision will be taken having regard to considerations specified in section 3(6) of the Immigration Act 1999, as amended. These considerations include matters relating to the common good, the person's family and domestic circumstances, as well as humanitarian considerations. Consideration will also be given to the prohibition of refoulement which is contained in section 5 of the Refugee Act 1996, as amended. As no final decision has been reached on these persons' application for leave to remain in the State, the issue of their eligibility for citizenship does not arise.