Fergus O'Dowd (Louth, Fine Gael)
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Question 351: To ask the Minister for Justice, Equality and Law Reform if a person (details supplied) in Dublin 24 will be granted leave to remain on humanitarian grounds; and if he will make a statement on the matter. [12976/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned, a Nigerian national, arrived in the State on 2 November 2001 and claimed asylum. Her application was refused by the Office of the Refugee Applications Commissioner and she was notified of this recommendation by letter on 23 May 2002. Her subsequent appeal was refused by the Office of the Refugee Appeals Tribunal and she was notified of this recommendation by letter on 30 December 2002.

She was notified of the decision to refuse her refugee status by letter on 25 February 2003, in which she was informed of the three options open to her at that point. She could choose to leave the State before her case was considered for deportation, to consent to the making of a deportation order in respect of her, or to make written representations, within 15 working days, to the Minister for Justice, Equality and Law Reform setting out the reasons she should not be deported, that is, why she should be allowed to remain temporarily in the State.

Her case was examined under section 3 of the Immigration Act 1999 and section 5 of the Refugee Act 1996, which deals with prohibition of refoulement, including consideration of representations received on her behalf from the refugee legal service for temporary leave to remain in the State. On 11 February 2005, a deportation order was made in respect of her. Notice of the order was served by registered post requiring her to present herself to the Garda national immigration bureau on Thursday, 24 March 2005. She presented as requested and is due to present again on 5 May 2005 when it is expected that travel arrangements will have been put in place. The enforcement of the deportation order is a matter for the Garda national immigration bureau.