Bernard Durkan (Kildare North, Fine Gael)
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Question 159: To ask the Minister for Justice, Equality and Law Reform if the circumstances have been fully examined in the case of persons (details supplied) in County Dublin in view of the evidence submitted; and if he will make a statement on the matter. [17812/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising of the Office of the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT) which make recommendations to the Minister for Justice, Equality and Law Reform as to whether such status should be granted. The persons in this case are a husband and wife and their daughter who was born in the State. I have been informed by the Refugee Applications Tribunal that the husband in this case is currently the subject of Judicial Review proceedings, and I am therefore not in a position to comment further on his case.

In relation to the wife and child, the wife arrived in the State on 15 April 2005 and applied for asylum. She subsequently gave birth to a child in the State on 23 June 2005. Under the Irish Nationality and Citizenship Act 2004 which came into force on 01/01/2005 the child is not an Irish citizen. This person's application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Her son was included in this consideration.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, she was informed by letter dated 28 April 2006, that the Minister proposed to make a deportation order in respect of her and her child. She was given three options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why she and her child should be allowed to remain temporarily in the State; leaving the State before orders were made or consenting to the making of deportation orders. To date, no representations have been received on behalf of the person concerned.

This person's 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), as amended. I expect the file to be passed to me for decision in due course.

Bernard Durkan (Kildare North, Fine Gael)
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Question 160: To ask the Minister for Justice, Equality and Law Reform if he has seen sight of sworn affidavits supporting serious life threatening intimidation in the case of a person (details supplied) in County Dublin; further to his reply to Parliamentary Question No. 722 of 25 April 2006, if he or his Department re-examined their case in view of such evidence with a view to a deferred proposed action on humanitarian grounds; and if he will make a statement on the matter. [17813/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I would refer the Deputy to my Replies to Dáil Question No. 1188 of 25 January 2006, No. 179 of 9 February 2006, No. 321 of 6 April 2006 and No. 722 of 25 April 2006. The position in the State of the person concerned remains as outlined in those Replies. My Officials have advised me that there is no record in my Department of the receipt of sworn affidavits supporting serious life threatening intimidation in the case of the persons concerned.