Bernard Durkan (Kildare North, Fine Gael)
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Question 466: To ask the Minister for Justice, Equality and Law Reform if he will review his decision to refuse asylum in the case of a person (details supplied) in Dublin 24, in view of the current political situation in the Democratic Republic of Congo and the possible implications for their health and safety in the event of deportation; and if he will make a statement on the matter. [7993/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Questions No. 135 of Thursday 23 November 2006 and No. 162 of Thursday 11 May 2006 and the written replies to those Questions.

The person concerned arrived in the State on 14 April 2004 and made an application for asylum the following day. 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.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 11 November 2005, 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. Representations have been received on behalf of the person concerned.

On 10 October 2006, regulations known as the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006) came into force. The person concerned was notified by letter dated 7 February 2008 that she could, if she so wished, submit an application for Subsidiary Protection. She was also invited to update her earlier representations to the Minister. She was requested to respond within 15 working days. No application for Subsidiary Protection has been received on behalf of the person concerned to date. However, the Deputy will note that the 15 working day period referred to earlier has not yet expired. The case file of the person concerned will be considered further upon receipt of a response to my Department's correspondence of 7 February 2008.