Gay Mitchell (Dublin South Central, Fine Gael)
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Question 545: To ask the Minister for Justice, Equality and Law Reform if he will re-examine or allow a further appeal in the case of a person (details supplied) seeking asylum; and if he will make a statement on the matter. [23957/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned, a Cameroon national, arrived in the State on 22 April 2003 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, she was informed by letter, dated 14 June 2005, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons 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. To date, no representations have been received by or on behalf of the person concerned other than a letter from her solicitors seeking a copy of her file in order to determine whether she has a basis for seeking judicial review of her situation.

The position is that her case file, irrespective of whether she chooses to make representations, will be considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 — prohibition of refoulement. I expect the file to be passed to me for decision in due course.