Michael McGrath (Cork South Central, Fianna Fail)
Link to this: Individually | In context

Question 620: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application by a person (details supplied) in County Cork for leave to remain in the State on the grounds of subsidiary protection. [31170/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

The person concerned arrived in the State on 29 July 2005 and claimed 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. The person concerned was informed by letter dated 6 February 2006 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 State. On 28 August 2006 my predecessor refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of her. A notice of this Order dated 9 March 2007 was served by registered post. Said notice also invited the making of a Subsidiary Protection application pursuant to the European Communities (Eligibility for Protection) Regulations, 2006 — Statutory Instrument No. 518 of 2006, which came into effect on 10 October 2006.

By correspondence dated 23 March 2007, an application for Subsidiary Protection was made on behalf of the person concerned. 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.