Ciarán Lynch (Cork South Central, Labour)
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Question 178: To ask the Minister for Justice, Equality and Law Reform if he will suspend the deportation order to allow a person (details supplied) to complete their studies; and if he will make a statement on the matter. [13714/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 7 March 2004 and applied for asylum on 29 September 2004. Her asylum application was refused following the consideration of her application 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 17 August 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 making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. In addition, she was later 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). The person concerned submitted an application for Subsidiary Protection in the State and, following consideration of this application in accordance with these Regulations, the application was refused and the person concerned was notified in writing of this decision by letter dated 9 November 2007.

The case file of the person concerned, including all representations submitted, was then 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 following which a Deportation Order was made in respect of the person concerned. The person concerned was notified, by letter dated 12 March 2008, of the Minister's decision to issue a Deportation Order in respect of her. This communication also advised the person concerned of the requirement that she present herself at the Offices of the Garda National Immigration Bureau on 27 March 2008 to make arrangements for her removal from the State.

Subsequently, on 28 March 2008, an application pursuant to Section 3 (11) of the Immigration Act 1999 (as amended) for revocation of the Deportation Order was received from the legal representative of the person concerned. This application is currently under consideration in my Department.

Bernard Durkan (Kildare North, Fine Gael)
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Question 179: To ask the Minister for Justice, Equality and Law Reform the reason a deportation order has issued in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [13783/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned entered the state on the 19 July 2003 and made an application for asylum on 21 July 2003. His application for asylum was refused and a Deportation Order was made in respect of the person concerned on 11 March 2005. The person concerned subsequently submitted an application for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006 S.I. No. 518 of 2006 ('The Regulations') on 19 February 2007. The applicant was informed on 22 February 2007 that the application was invalid as the Deportation Order had been made in respect of him prior to the coming into force of the Regulation on 10 October 2006. Judicial Review proceedings challenging this decision were instituted on 26 April 2007.

These Judicial Review proceedings were settled following the Judgment of Mr. Justice Feeney in the cases of H & D, where he determined that under Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006 S.I. No. 518 of 2006 I have discretion to accept and consider applications for Subsidiary Protection from persons who do not have an automatic right to apply but who have identified new facts or circumstance which demonstrate a change of position from that which pertained at the time the Deportation Order was made.

Subsequently the person concerned submitted an application pursuant to Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006 S.I. No. 518 of 2006 on 7 December 2007, requesting that I exercise discretion to accept and consider an application for Subsidiary Protection. Following a consideration of the material submitted it was concluded that the applicant had established no new facts or circumstance which demonstrated a change of position from that which pertained at the time the Deportation Order was made which would enable me to exercise discretion under Regulation 4(2). The person concerned was notified of my decision on 13 March 2008. In light of my decision the Garda National Immigration Bureau was notified to proceed with the enforcement of the Deportation Order and it is now an operational matter for the Garda National Immigration Bureau.