Noel O'Flynn (Cork North Central, Fianna Fail)
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Question 1131: To ask the Minister for Justice, Equality and Law Reform when a decision will be made in the case of a person (details supplied) in County Kilkenny who has applied to remain in the State on humanitarian grounds; and if he will expedite the matter. [36080/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 21 September, 2006 and applied for asylum on 25 September, 2006. The application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), she was informed, by letter dated 9 October 2007, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. In addition, she was notified that she was eligible to apply for Subsidiary Protection in accordance with regulations known as the European Communities (Eligibility for Protection) Regulations, S.I. No. 518 of 2006, which came into force on 10 October, 2006. The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application will be considered in due course. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the Subsidiary Protection application is refused, the case file of the person concerned, 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 (as amended) on the Prohibition of Refoulement. When this latter consideration has been completed, the case file of the person concerned will be passed to me for decision.