Mary O'Rourke (Longford-Westmeath, Fianna Fail)
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Question 235: To ask the Minister for Justice, Equality and Law Reform if he will review the case of persons (details supplied) in County Westmeath. [27650/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The family concerned arrived in the State on 19 August 2003 and applied for asylum. They were refused refugee status by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

The wife and son of the family concerned voluntarily returned to Croatia under the International Organisation for Migration Voluntary Assisted Return Programme on 27 April 2004.

The son of the family concerned re-entered the State on 20 May 2005. He was refused re-admittance to the asylum process under 17(7) of the Refugee Act 1996, as amended. His case was considered in conjunction with his father's under Section 3 of the Immigration Act, 1999, as amended.

The father and son were considered for temporary leave to remain in the State pursuant to Section 3 of the Immigration Act, 1999, as amended. On 26 July 2005, they were granted permission to remain in the State for one year. This permission was renewed for a further year until 28 August 2007. The persons in question have not submitted an application for further leave to remain in the State and as such have no legal entitlement to be in the State at present. They should submit an application for renewal of their leave to remain immediately to my Department in order to regularise their status in the State.

According to my Department's records the wife of the family concerned has no applications before my Department at the present time, having previously returned to her country of origin. Given that there is no record of her having being granted a visa to re-enter the State she is, therefore, regarded as being illegally present in the State.