Bernard Durkan (Kildare North, Fine Gael)
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Question 316: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will grant leave to remain in the State to a person (details supplied) in Dublin 22 on humanitarian or compassionate grounds; and if he will make a statement on the matter. [1645/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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The first named person arrived in the State on 16 December, 1999 and applied for asylum. Her husband arrived in the State on 23 May 2001 and applied for asylum. Their applications were refused following consideration of their case 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, they were informed by letters dated 30 October 2002 that the Minister proposed to make deportation orders in respect of them. 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 files to be passed to me for decision in due course.