Joe Costello (Dublin Central, Labour)
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Question 178: To ask the Minister for Justice, Equality and Law Reform the progress on the application for subsidiary protection by a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [26730/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned was refused refugee status by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. She was considered for temporary leave to remain in the State pursuant to Section 3 (6) of the Immigration Act, 1999, as amended and was refused. My predecessor signed a deportation order in respect of her on 21 August 2006. This order was served by letter dated 6 October 2006.

By letter dated 7 November 2006, my Department informed the person concerned that as her removal letter had issued circa 10 October 2006 being the date on which my predecessor gave effect in Irish Law by way of Statutory Instrument No. 518 of 2006 — European Communities (Eligibility for Protection) Regulations 2006 to the EU Council Directive 2004/83/EC of 29 April 2004, that the Minister for Justice, Equality and Law Reform, as an exceptional measure, was prepared to give an undertaking not to deport the person concerned before a decision had been made on her eligibility for "subsidiary protection" under the aforementioned regulations.

Her case is currently being considered by my Department for Subsidiary Protection pursuant to the provisions of the aforementioned regulations. Her case is amongst many to be considered by my Department. The Subsidiary Protection application lodged will be considered on its individual facts, merits and circumstances and a decision will issue as soon as practicable to the person concerned and to her legal representative.

I wish to advise the Deputy that no removal action will be undertaken by my Department in respect of the person concerned pending the determination of her application for Subsidiary Protection under the Regulations.