Joe McHugh (Donegal North East, Fine Gael)
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Question 458: To ask the Minister for Justice, Equality and Law Reform his views on granting permission to persons (details supplied) in County Donegal; and if he will make a statement on the matter. [10080/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The persons concerned arrived in the State, as minors, on 27 April 2002, accompanied by their two other siblings, and were reunited with their mother who had claimed asylum in the State on 6 February 2002. At the request of their mother, the persons concerned were included in their mother's asylum claim, meaning that any decision taken in relation to her would apply equally to the children. The mother's asylum 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 mother of the persons concerned was informed, by letter dated 7 April 2004, that the Minister proposed to make deportation orders in respect of her and her children. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of deportation orders or of submitting written representations to the Minister setting out the reasons why she and her children should be allowed to remain temporarily in the State. Representations were received on behalf of the persons concerned.

Following consideration of the case file of the persons concerned, under Section 3 of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, as an exceptional measure and subject to certain stated conditions, the mother of the persons concerned was granted temporary Leave to Remain in the State for a three year period until 5 March 2011. This decision was conveyed by letter dated 5 March 2008. This decision applies equally to the persons concerned.