Michael McGrath (Cork South Central, Fianna Fail)
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Question 369: To ask the Minister for Justice, Equality and Law Reform the legal status of a person (details supplied) in County Cork. [21772/08]

Dermot Ahern (Louth, Fianna Fail)
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This applicant applied for asylum on 14 September 2004. Her application was refused by the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. A Deportation Order was made in respect of her on 6 September 2005. Judicial Review proceedings were initiated by the applicant on 18 October 2005 challenging the decision to make a Deportation Order.

Further representations were submitted by the applicant as part of an application for temporary leave to remain in the State. These representations were considered under section 3 of the Immigration Act 1999 (as amended) and section 5 of the Refugee Act (as amended) and the Deportation Order was affirmed on 1 March 2007.

The applicant subsequently submitted an application for Subsidiary Protection under the European Communities (Eligibility for Protection) Regulations 2006 (Statutory Instrument No. 518 of 2006) on 19 July 2007. This application was considered; however, it was determined that the applicant is not a person eligible for subsidiary protection.

The Judicial Review proceedings taken by the applicant challenging the decision to make a Deportation Order were settled between the parties on 17 December 2007 and the Deportation Order made in respect of this applicant was revoked on 15 January 2008. As part of the settlement terms the applicant was invited to submit fresh representations under section 3(3)(b) of the Immigration Act 1999.

Representations were submitted by the applicant and considered under section 3 of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act (as amended). The applicant's eligibility for Subsidiary Protection under the European Communities (Eligibility for Protection) Regulations 2006 (Statutory Instrument No. 518 of 2006) was also further considered. A further Deportation Order was subsequently made in respect of this applicant on 24 January 2008.

Further Judicial Review proceedings were initiated on 29 January 2008 challenging the decision to make a Deportation Order in respect of this applicant and accordingly, as this matter is sub judice, it would not be appropriate for me to comment further.