Bernard Durkan (Kildare North, Fine Gael)
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Question 846: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in County Cork; and if he will make a statement on the matter. [23455/08]

Dermot Ahern (Louth, Fianna Fail)
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The immigration case histories and up to date positions of the two persons concerned, a husband and wife, are almost identical. As a result, for the purposes of the Deputy's Question, I will deal with the two cases as one. Both of the persons concerned arrived in the State on 4 May 2005, along with their two children, and applied for asylum. The children were included as part of their mother's asylum application. The respective asylum applications were refused following the individual consideration of the cases by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), both of the persons concerned were informed, she by letter dated 26 October 2005 and he by letter dated 9 November 2005, that the Minister proposed to make deportation orders in respect of them and their children. They were each given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of deportation orders or of making representations to the Minister setting out the reasons why they should be allowed to remain temporarily in the State. Representations were submitted on behalf of both of the persons 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 files are passed to me for decision.