Brian O'Shea (Waterford, Labour)
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Question 228: To ask the Minister for Justice, Equality and Law Reform when a decision will be reached on the application for residency on humanitarian grounds of a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [6161/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned, a Nigerian national, arrived in the State on 23 June 1999 and applied for asylum. Her claim for refugee states was considered under the process then applicable and was refused by the asylum division of my Department. She was notified of the decision on 25 May 2000. She appealed this decision to the appropriate body at the time, the appeals authority, which affirmed the decision of the asylum division. She was notified of this decision on 27 July 2000.

In accordance with section 3 of the Immigration Act 1999, the person concerned was informed on 27 July 2000 that the Minister proposed to make a deportation order in respect of her. In accordance with the Act, she was given the options 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 she should not be deported were subsequently received.

I expect the case file 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.

Brian O'Shea (Waterford, Labour)
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Question 229: To ask the Minister for Justice, Equality and Law Reform when a decision will be reached on the application of a person (details supplied) in County Waterford for residency on humanitarian grounds; and if he will make a statement on the matter. [6162/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 1 February 2002 and applied for asylum. His application was refused following consideration of his 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, he was informed by letter dated 27 February 2003 that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons he 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.

His case file, including all representations submitted, 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.