Brian O'Shea (Waterford, Labour)
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Question 252: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will allow a person (details suppled) in County Meath to remain here temporarily; and if he will make a statement on the matter. [35605/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The persons concerned and their children, Nigerian nationals, arrived in the State on 7 August, 2002 and 18 November, 2002 and applied for asylum on 1 April, 2004. They had previously applied for asylum in 2002 and had withdrawn this application on the basis of the birth of an Irish born child. Their application was refused by the Office of the Refugee Applications Commissioner on 19 May, 2004 and 25 May, 2004. Their subsequent appeal was refused by the Office of the Refugee Appeals Tribunal and they were notified of this recommendation by letter on 23 September, 2004 and 27 September, 2004.

In accordance with section 3 of the Immigration Act 1999, the people concerned were informed on 6 December, 2004 and 30 December, 2004 that the Minister was proposing to make a deportation order in respect of them. They were in accordance with the Act, given the option of making representations within 15 working days setting out the reasons why they 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. The persons concerned applied to remain in State on the basis of parentage of an Irish born child born before 1 January, 2005. This permission to remain was subsequently refused on 12 January, 2006. An additional notification of intention to issue a deportation order was issued on 13 October, 2006.

I expect the case files in this matter to be submitted to me for decision in due course. 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.