Bernard Durkan (Kildare North, Fine Gael)
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Question 189: To ask the Minister for Justice, Equality and Law Reform the residential status in the case of persons (details supplied) in County Mayo; if due regard will be taken of the existence of potential danger to them if returned to their homeland; if the persons could be transferred to Mosney Accommodation Centre, County Meath on health grounds in the interim; and if he will make a statement on the matter. [21522/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The persons concerned arrived in the State on 6 September, 2004 and applied for asylum. Their applications were refused following consideration of their cases 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, the first named person was informed by letter dated 25 May, 2006, that the Minister proposed to make a deportation order in respect of him. The second named person was informed by letter dated 13 May, 2005, that the Minister proposed to make a deportation order in respect of her and her child. They were given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why 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. Representations have been received on behalf of the second named person.

These persons' case files, 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.

The Reception & Integration Agency is responsible for the accommodation of asylum seekers in the State, including Mosney accommodation centre. The Agency has received no request for a transfer to the Mosney centre on medical grounds from this couple and it is unclear as to what medical supports there are at Mosney which would not be available at their current accommodation. In that regard, the RIA will not be arranging a transfer for the couple at this time.

Bernard Durkan (Kildare North, Fine Gael)
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Question 190: To ask the Minister for Justice, Equality and Law Reform if permission to remain in the State will be awarded in the case of a person (details supplied) in County Kildare; if particular attention will be given to the sensitivities in the case including health issues; and if he will make a statement on the matter. [21523/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I would refer the Deputy to my Reply to Dáil Question No. 152 of 27 April 2006.

The up to date position in relation to the person concerned is that she has sought, through the Immigrant Council of Ireland, to be considered for residency in the State on the basis of her parentage of a child born in the State in June 2005. My officials have written to the Immigrant Council stating that the revised arrangements which I introduced relating to applications for permission to remain from the non-national parents of Irish Born Children, born in the State before 1 January 2005, did not extend to children of non-national parents born in the State on or after that date. Such children are not Irish citizens, based on the provisions of the Irish Nationality and Citizenship Act, 2004. Furthermore, the closing date for the scheme in question was 31 March 2005. The child of the person concerned, born in the State on 10 June 2005, does not therefore confer any entitlement to residency in the State on his non-national parents.

Notwithstanding the foregoing, an application for revocation of her deportation order has been submitted on behalf of the person concerned, pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999 (as amended), based on her relationship with a man granted refugee status in the State. This application is currently under consideration. The Deputy can be assured that the person concerned will be notified of the outcome of this application as soon as a decision has been reached.