Fergus O'Dowd (Louth, Fine Gael)
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Question 266: To ask the Minister for Justice, Equality and Law Reform if persons (details supplied) will be granted permission to remain here on compassionate grounds; and if he will make a statement on the matter. [31247/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned along with her husband and child arrived in the State on 10 January 2005 and made applications for asylum. The applications of all three were refused following consideration of their cases by the Office of the Refugee Applications Commissioner and, on appeal, by the Office of the Refugee Appeals Tribunal.

A notification under section 3(3)(a) of the Immigration Act 1999 issued to the mother and older child on 8 July 2005 and to the father on 21 July 2005 advising them of the decision to refuse them refugee status and setting out the options open to them, which are 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 they should not be deported.

Their case was examined under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 regarding the prohibition of refoulement, including consideration of all representations received on her behalf. The existence of another child born in the State on 15 April 2005 was only made known to my Department in representations for leave to remain dated 29 July 2005. Deportation orders were made in respect of the parents and older child on 1 September 2005. Notice of these orders was served on them by registered post. The letters made them aware of the requirement to present themselves to the Garda national immigration bureau, GNIB, on Thursday, 29 September 2005 in order to make arrangements for their deportation from the State. The family failed to present as required and is now classified as evading deportation. Consequently, the adults are now liable to arrest and detention. They should present themselves and their children to the GNIB without delay. The enforcement of these deportation orders remains a matter for the GNIB.