John Curran (Dublin Mid West, Fianna Fail)
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Question 185: To ask the Tánaiste and Minister for Justice, Equality and Law Reform when a decision will be made regarding an application made in the summer of 2004 by a person (details supplied) in Dublin 22 to remain here on humanitarian grounds. [10648/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I wish to refer the Deputy to my reply to PQ No. 201 which refers to same and which was answered 20 March, 2007. The position remains the same. The person concerned, a Nigerian national, arrived in the State on 28 April, 2003 and applied for asylum. Her application was refused following consideration of the case by the Office of the Refugee Applications Commissioner on 12 February, 2004 and on appeal by the Refugee Appeals Tribunal on 22 April, 2004.

Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, the person concerned was informed by letter dated 25 May, 2004 that the Minister was proposing to make a deportation order in respect of her. She was, in accordance with the Act, given the option of making representations, within 15 working days, setting out the reasons why she 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. Representations have been received on behalf of the person concerned.

The 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) as amended. I expect the file to be passed to me for decision in due course.