Bernard Durkan (Kildare North, Fine Gael)
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Question 77: To ask the Minister for Justice, Equality and Law Reform the residency status in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [23281/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The first named person arrived in the State on 25 June, 1999 and applied for asylum. The second named person arrived in the State on 23 May, 2000 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 28 December, 2001, that the Minister proposed to make a deportation order in respect of him. The second named person was informed by letter dated 30 December, 2002, that the Minister proposed to make a deportation order in respect of her. They were given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why they should be allowed to remain temporarily in the State; leaving the State before orders are made or consenting to the making of deportation orders. Representations have been received on behalf of the persons concerned.

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.