Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 18 June 2003 and applied for asylum. Her application was refused following 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 22 April 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. Representations were received from the person concerned. The person concerned has also submitted an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006) and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be 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. When this latter consideration has been completed, the case file of the person concerned will be passed to me for decision.

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Questions No. 138 of Wednesday 8 November 2006, No. 178 of Tuesday 5 December 2006 and No. 992 of Wednesday 26 September 2007 and the written Replies to those Questions. The person concerned arrived in the State on 9 September 2003 and applied for asylum. Her application was refused following 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 30 September 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. Representations have been submitted on behalf of the person concerned and will be fully 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, before the file is passed to me for decision.

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 181 of Thursday 10 April 2008 and the written Reply to that Question. The person concerned arrived in the State on 6 January 2003 and applied for asylum. Her asylum application was refused following 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 31 August 2004, 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. Representations were submitted on behalf of the person concerned.

Following consideration of her case under Section 3 of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, as an exceptional measure and subject to certain stated conditions, the person concerned was granted temporary leave to remain in the State for one year until 14 April 2009. This decision was conveyed to the person concerned by letter dated 14 April 2008. Once the person concerned completes the necessary registration formalities with the Garda National Immigration Bureau, which are set out in her decision letter, she will be entitled to work without the need for a work permit.

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 20 March 2003 and claimed asylum. Her application was refused 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 to the Minister setting out the reasons why she should be allowed to remain temporarily in the State i.e why she should not be deported.

On 3 August 2004 my predecessor refused the person in question permission to remain in State and instead signed a Deportation Order in respect of her. Notice of the order was served by registered post and she was required to present herself to the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on Thursday 27 January 2005. She failed to present as required and was classified as evading her deportation on 2 February 2005.

Subsequently, the person concerned applied for asylum in the UK on 25 February 2005 under a different name and date of birth. The UK authorities contacted the Dublin Unit in the Office of the Refugee Applications Commissioner (ORAC) on 7 April 2005 in this regard. Following this contact, the Irish authorities agreed to take back the person concerned. A further letter dated 16 February 2006 was sent by the UK Home Office to the ORAC advising of the birth of a baby daughter to the person concerned and requesting that the Irish State accept this child along with its mother. ORAC agreed to this request and mother and baby were due to be transferred to the State from the UK on 28 April 2006. For operational reasons on the UK side, the transfer did not then take place.

A further transfer date of 12 May 2006 was agreed but did not proceed due to the receipt of representations of a medical nature in respect of the person concerned. Following consideration of these representations, mother and baby were finally returned to the State on 6 October 2006. The person concerned presented herself to the Garda National Immigration Bureau on 16 October 2006 and was given further presentation dates which she kept. She is due to present again on 28 April 2008.

On 11 January 2007 an application for asylum in respect of the minor child of the person concerned was made in the Office of the Refugee Applications Commissioner. Said application is now the subject of judicial review proceedings. On foot of correspondence dated 17 January 2007 directed to the GNIB, but which was brought to the attention of officials in my Department, an undertaking by letter dated 19 January 2007 was given to the effect that the deportation order in respect of the person concerned would not be enforced until such time as the application for refugee status in respect of her minor child has been processed. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order remains an operational matter for the GNIB.