Bernard Durkan (Kildare North, Fine Gael)
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Question 182: To ask the Minister for Justice, Equality and Law Reform the reason it is proposed to deport in the case of a person (detail supplied) in County Meath; and if he will make a statement on the matter. [13786/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 24th February, 2003 and claimed asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner.

The person concerned was informed by letter dated 8 April 2004 that the Minister proposed to make a Deportation Order in respect of her and afforded her three options in accordance with Section 3(3)(b)(ii) of the Immigration Act,1999, as amended, namely to leave the State voluntarily, to consent to the making of a Deportation Order, or to submit, within 15 days, written representations as to why they should be allowed to remain temporarily in the State i.e why they should not be deported.

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, on the prohibition of Refoulement. On 3rd August, 2004 my predecessor refused the person concerned permission to remain in the State and instead signed a Deportation Order in respect of her. Notice of this order was served by registered post requiring the person concerned to present herself at the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on 27th January, 2005 in order to make travel arrangements for her removal from the State. The person concerned failed to present as requested.

On 25th February, 2005, the person concerned claimed Asylum in the United Kingdom. Under Article 5.2 of the Refugee Act (Section 22) Order, 2003 and in accordance with Council Regulation (EC) 343 of 2003, the Minister agreed to the return of the person concerned to Ireland. On 6th October, 2006 the person concerned returned to Ireland. The person concerned was advised to present to GNIB, 13-14 Burgh Quay on 19th October, 2006 and presented as requested.

On 11th January, 2007, the child of the person concerned claimed asylum. The person was notified by letter dated 19th January, 2007 that an undertaking had been given not to enforce the Deportation Order signed in respect of her until the child's asylum application had been processed. The child's asylum claim was refused and the child's legal representatives initiated legal proceedings in relation to this refusal. The undertaking is still in place for the person concerned until the judicial proceedings have been finalised in relation to her child's claim for asylum.

The person concerned has continued to comply with the reporting requirements of the GNIB and is due to present with the GNIB, 13-14 Burgh Quay on the 28th April, 2008.