Mary O'Rourke (Longford-Westmeath, Fianna Fail)
Link to this: Individually | In context

Question 476: To ask the Minister for Justice, Equality and Law Reform if he will review the case of a person (details supplied) in County Westmeath who seeks leave to remain in Ireland on humanitarian grounds. [10388/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

The person concerned arrived in the State on 16 November 2004 and applied for asylum on her own behalf and on behalf of her two children. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner. The person concerned then lodged Judicial Review Proceedings in the High Court challenging the determination of the Office of the Refugee Applications Commissioner that she not be declared to be a refugee. These Proceedings were successful. The person concerned was afforded a fresh consideration of her asylum claim by the Office of the Refugee Applications Commissioner. This further consideration took place but again the Office of the Refugee Applications Commissioner concluded that the person concerned did not meet the criteria for recognition as a refugee. The person concerned appealed this recommendation to the Refugee Appeals Tribunal who affirmed the earlier recommendation.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 13 February 2008, 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 and her children should be allowed to remain temporarily in the State. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). To date, no representations have been received from or on behalf of the person concerned. However, the Deputy can be assured that the case file of the person concerned, including any representations submitted by her or on her behalf, will be fully considered before the file is passed to me for decision.