Jack Wall (Kildare South, Labour)
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Question 1179: To ask the Minister for Justice, Equality and Law Reform the position of an application by a person (details supplied) in County Kildare to remain in the State in view of the medical condition of the person; and if he will make a statement on the matter. [1412/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person referred to by the Deputy applied for Asylum on 30 December 2005. The claim was assessed by the Refugee Applications Commissioner who concluded that the person concerned did not meet the criteria for recognition as a refugee. The Commissioner's recommendation was communicated to her by letter dated 26 April 2006. This communication advised the person of her entitlement to appeal the Commissioner's recommendation to the Refugee Appeals Tribunal, which she duly did.

The Refugee Appeals Tribunal considered the person's appeal, following which the Tribunal affirmed the Commissioner's earlier recommendation to reject her claim. The outcome of the appeal was made known to the applicant by letter dated 12 November 2007.

In accordance with normal procedures, the applicant's file was forwarded to my Department's Ministerial Decisions Unit for final processing of the Asylum claim. A letter was issued to her from my Department on 22 January 2008 advising her formally that her asylum claim had been rejected and affording her three options as follows:

1.Return home voluntarily

2.Consent to the making of a deportation order, or

3.Make written representations to me within 15 working days for temporary leave to remain in the state and/or make an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 (SI No. 518 of 2006).

My Department currently awaits a response from the person concerned to indicate which option she intends to pursue.