Brendan Howlin (Wexford, Labour)
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Question 57: To ask the Minister for Justice, Equality and Law Reform the difficulties experienced by a person (details supplied) in their application for renewal of their residency status which had been first granted ten years ago; and if he will make a statement on the matter. [3500/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person referred to by the Deputy arrived in the State on 18 October 1995 on a student visa. She had a child, born in the State, on 6 May 1996. She was granted residency in the State on the basis of her parentage of an Irish-born citizen child on 29 September 1997. She left Ireland in January 1998 and returned to Nigeria to be with her father-in-law who was ill at the time. He died in April 2002 after a long illness. Following his death the person concerned and her Irish citizen child returned to the State on 13 December 2002. On 4 February 2003, she applied to renew her residency on the basis of her parentage of an Irish-born citizen child.

On 19 August 2003, a notice of intention to deport letter issued from my Department. This letter informed her, inter alia, that the non-national parent of an Irish-born child no longer derived an automatic right to remain in the State by virtue of that fact alone. The letter also afforded her three options in accordance with section 3(3)(b)(ii) of the Immigration Act 1999, as amended — namely, to leave the State voluntarily, to consent to the making of a deportation order or to make written representations within 15 working days setting out reasons as to why she should not be deported.

Her case was examined further under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee (Prohibition of Refoulement) Act 1996. Consideration was given to her representations for temporary leave to remain in the State, which were lodged on her behalf by her legal representative by letter dated 29 August 2003.

A deportation order was made in respect of her on 28 June 2004. Notice of this order was served on her by registered post requiring her to present herself to the Garda National Immigration Bureau, GNIB, on 28 July 2004. She failed to present on that date and was recorded as evading her deportation on 9 August 2004.

On 22 February 2005, she was detained by the UK authorities at Heathrow Airport having arrived there on a flight from Nigeria. Contact was made with the GNIB and it was agreed that she should be returned to Nigeria on foot of her deportation order. She was recorded by GNIB as an enforced deportation order following her return from the UK.

She applied for permission to remain in the State on 23 March 2005, under the revised arrangements of the Irish-born child 2005 scheme, having again illegally re-entered the State. She was refused and notified by letter dated 16 August 2005.

On 11 August 2005, the person referred to by the Deputy applied for asylum in the State. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner.

The person concerned was informed by letter dated 12 October 2005 that the Minister proposed to make a new deportation order in respect of her and afforded her three options in accordance with section 3(3)(b)(ii) of the Immigration Act 1999, as amended — namely, to leave the State voluntarily, to consent to the making of a deportation order or to submit, within 15 working days, representations to the Minister, in writing, setting out the reasons why she should be allowed to remain temporarily in the State.

Her case was re-examined under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee (Prohibition of Refoulement) Act 1996. Consideration was given to representations received on her behalf from the Refugee Legal Service for temporary leave to remain in the State. On 18 November 2005, I reaffirmed the original deportation order in respect of her. The person concerned and her legal representative have been informed of my decision and she has been requested to report to the GNIB on Thursday, 9 February 2006 to make arrangements for her removal from the State. Her removal from the State is now an operational matter for the GNIB.