Bernard Durkan (Kildare North, Fine Gael)
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Question 162: To ask the Minister for Justice, Equality and Law Reform the current or expected position in regard to the application for subsidiary protection in the case of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [21283/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 6 August, 2003 and claimed asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

The person concerned was informed by letter dated 3 November, 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, written representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State i.e. why she should not be deported.

Her case was examined under Section 3 (6) of the Immigration Act, 1999 (as amended), and Section 5 of the Refugee Act, 1996 (as amended) on the Prohibition of Refoulement. Consideration was given to all representations submitted on her behalf for permission to remain temporarily in the Sate. On 21 January, 2005 my predecessor refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of her. Notice of this Order was served by registered post requiring the person concerned to present herself to the Garda National Immigration Bureau (GNIB), on 24 February, 2005, in order to make travel arrangements for her deportation from the State. She failed to present herself as required and was classified as evading her deportation. She should therefore present herself to the GNIB without any further delay.

By correspondence dated 15 May 2007 the legal representative of the person concerned wrote to my Department providing new information and advising that his client should be permitted to make a new asylum claim on behalf of herself and her two children. My Department is currently awaiting the lodgement of supporting documentation in respect of this claim.

In addition, my Department does not appear to be in receipt of any documentation requesting the exercise of my discretion under Regulation 4 (2) of the European Communities (Eligibility for Protection) Regulations, 2006 — Statutory Instrument No. 518 of 2006 to accept and consider an application for Subsidiary Protection. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State. The enforcement of the Deportation Order remains an operational matter for the Garda National Immigration Bureau.