Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 930: To ask the Minister for Justice, Equality and Law Reform if he will grant short term residency status in the case of a person (details supplied) in County Meath to facilitate a full review of the situation in Kenya and their liability to persecution and victimisation in the event of deportation; and if he will make a statement on the matter. [12499/08]

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

The person concerned arrived in the State on 4 August 2005 and applied for asylum on 11 August 2005. Owing to doubts as to the age of the person concerned at that time, she was initially assessed to be an adult but this position was revised following a review of the case by the Office of the Refugee Applications Commissioner and the Health Services Executive. As a result of this review, the person concerned was accepted as being a minor and permitted to re-apply for asylum which she duly did on 19 May 2006. Her asylum application was refused following the 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 March 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 should be allowed to remain temporarily in the State. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). While no response has been received to date, the Deputy might note that the 15 working day period referred to has not yet elapsed.

The position in the State of the person concerned will be considered further upon receipt of a response to my Department's letter of 5 March 2008.