Beverley Flynn (Mayo, Fianna Fail)
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Question 611: To ask the Minister for Justice, Equality and Law Reform when a decision will be made on a long term residency application by a person (details supplied) in County Mayo. [14555/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The position in relation to long term residency is as follows: Persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements.

While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date.

An application for long term residency from the person referred to by the Deputy was received on the 4 September 2007. I understand that applications received in August 2006 are currently being dealt with. As soon as a decision is made on the case, the person concerned will be notified.

Joe Costello (Dublin Central, Labour)
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Question 612: To ask the Minister for Justice, Equality and Law Reform if he will reconsider the case of a person (details supplied); his views on allowing them to remain here at least until they take their examinations; and if he will make a statement on the matter. [14595/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 178 of Thursday, 10 April 2008 and the written Reply to that Question.

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 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.

The person concerned has no current legal basis for being in the State. It is therefore not possible to accommodate the request being made by the Deputy. Additionally, in relation to the possibility of the person concerned repatriating voluntarily to her country of origin at a future date, the Deputy might wish to note that the person concerned was already afforded the opportunity to leave the State voluntarily, as outlined earlier, and chose not to do so. Furthermore, the person concerned has sought the revocation of her deportation order for reasons not related to her current course of study. In any event, the person concerned will be made aware of the outcome of her application under Section 3(11) of the Immigration Act 1999 (as amended) as soon as a decision has been made on that application.