Bernard Durkan (Kildare North, Fine Gael)
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Question 154: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency and naturalisation in the case of a person (details supplied) in Dublin 9; and if he will make a statement on the matter. [25223/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on the 24th of June 2003 and claimed asylum. Her application was refused by the Office of the Refugee Applications Commissioner, and on appeal by the Refugee Appeals Tribunal. The person concerned was notified by letter dated 18 May, 2005 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 26 July 2005, the then Minister refused 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 and she presented herself to the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on 18 August 2005 as requested. She subsequently failed to present as requested at GNIB on the 13 of September 2005 and was classed as an evader.

In response to a request received on 2 May, 2008 from the legal representatives of the person concerned, they were offered an opportunity to make representations setting out any new facts or circumstances relating to a possible entitlement to Subsidiary Protection which had arisen since the original decision to deport was made. Submissions were subsequently received from the legal representatives on behalf of the person concerned and they are currently under consideration. The applicant and the legal representatives of the person concerned will be notified when a decision is made.