Mary O'Rourke (Longford-Westmeath, Fianna Fail)
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Question 536: To ask the Minister for Justice, Equality and Law Reform if he will review again the case of a person (details supplied) in County Westmeath. [25712/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 11 February 2005 and applied for asylum. Her application was refused following consideration of her case 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), the person concerned was informed, by letter dated 29 August 2007, 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 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 in accordance with these Regulations 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 is passed to me for decision.

The Deputy might wish to note that the person concerned also submitted an application for permission to remain in the State in accordance with the revised arrangements applicable to the non-national parents of Irish born children born in the State before 1 January 2005. The revised arrangements in question, commonly referred to as the IBC/05 Scheme, were announced by the Minister for Justice, Equality and Law Reform on 15 January 2005 and the closing date for receipt of applications was 31 March 2005. The application of the person concerned was received on 17 August 2005 and, as such, was received too late for consideration. The person concerned was made aware of the non-acceptance of her IBC/05 application by letter dated 14 September 2005.