Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 146: To ask the Minister for Justice, Equality and Law Reform the residential status of a person (details supplied) in County Galway; and if he will make a statement on the matter. [2665/06]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

The person concerned, a Nigerian national, arrived in the State on 7 March 2005 and claimed asylum. Her application was refused by the Office of the Refugee Applications Commissioner on 15 June 2005. Her subsequent appeal was refused by the Office of the Refugee Appeals Tribunal and she was notified of this recommendation by letter on 31 August 2005.

In accordance with section 3 of the Immigration Act 1999, the person concerned was informed on 27 September 2005 that the Minister proposed to make a deportation order in respect of her. In accordance with the Act, she was given the option of making representations within 15 working days setting out the reasons she should not be deported, that is, be allowed to remain temporarily in the State; leaving the State before the deportation order was made; or consenting to the making of the deportation order. Representations setting out reasons that she should not be deported were subsequently received.

The details provided with the question indicate the person concerned has an Irish-born child. However, the child was born in Ireland on 21 April 2005 and, under the terms of the Irish Nationality and Citizenship Act 2004, which came into force on 1 January 2005, does not have an automatic right to citizenship.

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.