Brian O'Shea (Waterford, Labour)
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Question 297: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will locate the official records of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [28878/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person in question was previously considered for deportation under Section 3 of the Immigration Act 1999 when included as a minor on his stepsister's immigration file. Consideration of deportation was put on hold when his stepsister made an application for permission to remain in the State under the revised arrangements for parents of Irish children born before 1 January 2005, commonly referred to as the IBC/05 scheme.

The stepsister of the person concerned was granted permission to remain in the State under the IBC/05 scheme on 12 October 2005. It is unclear which correspondence the Deputy is referring to in the details provided. However the position is that it is open to the person in question to make an application for permission to remain in the State on the basis of family dependency to a person granted under this scheme i.e. his stepsister.

Brian O'Shea (Waterford, Labour)
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Question 298: To ask the Tánaiste and Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 228 of 16 February 2006 the progress made in regard to a decision being reached on the application for residency on humanitarian grounds of the person who is the subject of the Parliamentary Question; and if he will make a statement on the matter. [28879/06]

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. She was, in accordance with the Act, given the options 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.

A decision has been reached to give the individual concerned leave to remain in the State and she will be notified of this decision shortly.