Michael D Higgins (Galway West, Labour)
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Question 47: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his views on the case of a person (details supplied) who has made an application to his Department; the position of this application; and if he will make a statement on the matter. [40943/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 6 February 2004 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner. The person concerned was informed by letter dated 8 April 2004, 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. On 3 August 2004, 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 14 October 2004, 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. The effect of the deportation order is that the person concerned must leave the State and remain thereafter outside the State.

On 17 December 2004, the person concerned presented herself at my Department's Offices in Burgh Quay pursuant to an appointment to voluntarily return to her country of origin. It should be noted that the option to voluntarily return to one's country of origin is provided, as previously stated, in the notice of intention to deport letter which issues pursuant to Section 3(3)(b)(ii) of the Immigration Act 1999, as amended. However this option ceases once a deportation order has been signed by me. The deportation order in this case was enforced by the GNIB on 23 December 2004. Correspondence was recently received from this person and is under consideration by my officials.