Ruairi Quinn (Dublin South East, Labour)
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Question 860: To ask the Minister for Justice, Equality and Law Reform if he will give permission to a person (details supplied) to remain in the country on humanitarian grounds; and if he will make a statement on the matter. [11640/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person referred to by the Deputy arrived in the State on 13 March 2002 and applied for asylum. She was refused refugee status in the State following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. She was informed of these recommendations by letters dated 10 October 2002 and 10 February 2003 respectively.

A notification under Section 3(3)(a) of the Immigration Act 1999, as amended, issued to the person concerned on 28 March 2003 advising her of the Minister's decision to refuse to give her a declaration of refugee status and setting out the options open to her at that point; i.e. to leave the State voluntarily, to consent to the making of a deportation order or to make written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out reasons why she should be allowed to remain temporarily in the State.

Her case was examined under Section 3 (6) of the Immigration Act 1999, as amended, and Section 5 of the Refugee Act 1996, as amended, (Prohibition of Refoulement). Consideration was given to the representations received on her behalf from her legal representatives. On 11 May 2005, my predecessor refused temporary leave to remain in the State and instead signed a deportation order in respect of her. She was notified of this decision by letter dated 10 June 2005. That letter made her aware that she was required to present herself, on 16 June 2005, at the Offices of the Garda National Immigration Bureau in order that arrangements could be made for her removal from the State. She presented as required and was given further presentation dates which she kept. She is due to present again on 24 April 2008.

The person concerned arrived in the State as an adult, accompanied by her parents and they all independently applied for asylum. Currently her parents are judicially reviewing the negative recommendation made in respect of them by the Refugee Appeals Tribunal. In addition the person concerned has applied for the revocation of her deportation order so that she may remain in the State and care for her parents, who are in poor health, for as long as they are permitted to remain in the State. In view of the foregoing, a stay has been put on the Deportation Order in the case of the person concerned until the outcome of the Judicial Review proceedings instituted by her parents is known.