Joe Costello (Dublin Central, Labour)
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Question 406: To ask the Minister for Justice, Equality and Law Reform if he has made a decision regarding the application of a person (details supplied) for leave to remain here on humanitarian grounds; and if he will make a statement on the matter. [18099/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned, a Nigerian national, arrived in the State on 24 September, 1999 and claimed asylum. Her application was refused by the Office of the Refugee Applications Commissioner on 11 April, 2001. Her subsequent appeal was refused by the Office of the Refugee Appeals Tribunal and she was notified of this recommendation by letter on 9 October, 2001.

In accordance with section 3 of the Immigration Act 1999, the person concerned was informed on 13 November, 2001 that the Minister was proposing to make a deportation order in respect of her. She was in accordance with the Act, given the option of making representations within 15 working days setting out the reasons why she should not be deported i.e. 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 why she should not be deported were subsequently received.

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.