Michael D Higgins (Galway West, Labour)
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Question 1252: To ask the Minister for Justice, Equality and Law Reform the position of an application for asylum by a person (details supplied) which dates back to 2007; the reason for the delay which is being experienced in this application; and if he will make a statement on the matter. [2189/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 17 August 2003 and applied for asylum the following day. The person concerned did not attend for interview at the Office of the Refugee Applications Commissioner as she was directed to do and, as a consequence, her application was deemed to be 'withdrawn'. She was notified by letter dated 15 June 2004 that the Refugee Applications Commissioner was recommending to the Minister for Justice, Equality and Law Reform that she should not be declared a refugee. In addition, she was notified that there was no appeal against this recommendation.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 5 July 2004, 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. No response was received to this letter at that time.

On 8 September 2006, the person concerned, through her legal representative, sought to be re-admitted to the asylum process, in accordance with the provisions of Section 17 (7) of the Refugee Act 1996 (as amended). This request was duly considered and, by letter dated 9 October 2006, the person concerned was informed (through her legal representative) that her application for re-admittance to the asylum process had been refused.

The file of the person concerned now falls to be dealt with in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended). When this consideration has been completed, the file will be passed to me for decision.

The principal reasons for the delay in having the case of the person concerned processed to completion would appear to be her non-engagement in the asylum process while her case was before the Refugee Applications Commissioner and her having been outside the State for a number of years since the lodgement of her initial application for asylum.