Arthur Morgan (Louth, Sinn Fein)
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Question 182: To ask the Minister for Justice, Equality and Law Reform the position of an appeal by a person (detail supplied) in County Louth; and when a decision might be expected in this case. [11057/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 3 June 2002 and applied for asylum on 6 June 2002. 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 5 April 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 submitting written representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. Representations were received on behalf of the person concerned.

On 1 June 2007 the person concerned made an application for residency in the State under the provisions of the European Communities (Free Movement of Persons) (No.2) Regulation, 2006 on the basis that she was the spouse of an EU Citizen. However, following the consideration of this application, the application was refused on the basis that the person concerned had not produced evidence showing lawful residence in another EU State prior to her arrival in this State. The refusal decision was conveyed to the person concerned by letter dated 3 December 2007. The case file of the person concerned, including all representations submitted, will now be considered under Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. When this consideration has been completed, the case file of the person concerned will be passed to me for decision.