Fergus O'Dowd (Louth, Fine Gael)
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Question 607: To ask the Minister for Justice, Equality and Law Reform if permission to remain here will be granted to a person (details supplied) residing in County Louth; and if he will make a statement on the matter. [19253/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 30 January 2003 and claimed asylum on the same date. Following an examination of her asylum claim, her application was refused by the Office of the Refugee Applications Commissioner and, on appeal, by the Office of the Refugee Appeals Tribunal. These positions were conveyed to the person concerned by letters dated 9 September 2003 and 5 December 2003 respectively.

A notification under section 3(3)(a) of the Immigration Act 1999 issued to the person concerned on 30 April 2004 advising her of my decision to refuse to give her a declaration of refugee status and setting out the options open to her at that point, that is to leave the State voluntarily, to consent to the making of a deportation order or to make written representations, within 15 working days, to the Minister for Justice, Equality and Law Reform setting out reasons as to why she should not be deported.

Representations for temporary leave to remain in the State were received on this person's behalf from her legal representatives. Her case was examined under section 3 of the Immigration Act 1999 and section 5 of the Refugee Act 1996, prohibition of refoulement, having due regard for the representations received, following which a deportation order was made in respect of the person concerned on 25 January 2005. The person concerned was notified of this decision by letter dated 23 February 2005. That letter made the person concerned aware of the requirement that she present herself at the offices of the Garda national immigration bureau on 3 March 2005 in order to make arrangements for her deportation. The person concerned failed to present herself on this occasion, as required, and, as such, is now classified as an evader who is subject to arrest and detention.

The asylum claim and the request for leave to remain in the State made by the person concerned have been considered comprehensively and fairly. As a result, I see no reason to alter my decision to issue a deportation order in respect of the person concerned. The enforcement of that order is now an operational matter for the Garda national immigration bureau.