Bernard Durkan (Kildare North, Fine Gael)
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Question 115: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the proper procedure to be followed in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [7048/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 18 March, 2003 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 Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, she was informed by letter dated 17 February, 2005, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State; leaving the State before an order is made or consenting to the making of a deportation order. Representations have been received on behalf of the person concerned.

This person's case file, 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 file to be passed to me for decision in due course.

As the immigration status of the person concerned has not been finally determined, it is at the discretion of the person referred to by the Deputy as to whether she wishes to leave the State to join her husband in the UK. If she chooses to do so, she will of course be subject to any UK visa entry requirements. Should she wish to subsequently return to the State, she will be the subject of Irish visa entry requirements.

As it is not clear as to the nationality of her spouse, if he wishes to join her in this State, it is open to him to contact his nearest Irish embassy or Consulate regarding any visa entry requirements, he may be subject to.