Dan Boyle (Cork South Central, Green Party)
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Question 450: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the residency status of a person (details supplied) in County Cork. [30110/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 27 July, 2005 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Office of the Refugee Appeals Tribunal.

The person concerned was informed by letter dated 7 April, 2006, that the Minister proposed to make a deportation order in respect of her and afforded her three options in accordance with Section 3 (3) (b) (ii) of the Immigration Act, 1999, as amended, namely to leave the State voluntarily, to consent to the making of a deportation order or to submit, within 15 working days, representations to the Minister, in writing, setting out the reasons why she should be allowed to remain temporarily in the State.

Her case was examined under Section 3 (6) of the Immigration Act, 1999 as amended, and Section 5 of the Refugee Act, 1996 on the Prohibition of Refoulement. Consideration was given to representations received on her behalf from the Refugee Legal Service for temporary leave to remain in the State. On 5 July 2006, I refused temporary leave to remain in the State and signed a deportation order in respect of her. Notice of this order was served by registered post requiring her to present herself to the Garda National Immigration Bureau (GNIB), 13/14 Burgh Quay, Dublin 2, on 15 August 2006, in order to make travel arrangements for her deportation from the State. The person concerned failed to present herself as required and was classified as evading her deportation. As such she is liable to arrest and detention under Section 5 of the Immigration Act, 1999, as amended, for the purposes of ensuring her removal from the State. She should therefore present herself to the GNIB without delay.

The effect of the deportation order is that the person concerned must leave the State and remain thereafter outside the State. The enforcement of the deportation order is now an operational matter for the GNIB.